Harvin v. State

District Court of Appeal of Florida

Harvin v. State

690 So. 2d 652, 1997 Fla. App. LEXIS 2360, 1997 WL 109242

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 1997

DocketNo. 96-720

StatusPublished

Cited by1 cases

This text of 690 So. 2d 652 (Harvin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harvin v. State, 690 So. 2d 652, 1997 Fla. App. LEXIS 2360, 1997 WL 109242 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

This appeal raises the question whether section 947.181, Florida Statutes (1989), which grants the Parole Commission the authority to impose restitution as a condition of parole, violates the separation of powers provision of the Florida Constitution. Article II, section 3, of the Florida Constitution provides: “The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.” Article IV, section 8(c), of the Florida Constitution, which deals with the executive branch of government, provides that a parole and probation commission shall be created by law and that the commission shall have the power to grant parole to persons under sentences of crime. Thus, the Parole Commission is an agency created within the executive branch,¹ and the constitution gives it, not the courts, the power to make parole determinations. Therefore, it cannot be said that section 947.181 violates the separation of powers provision by delegating a judicial task to an administrative agency.

AFFIRMED.

ERVIN, DAVIS and BENTON, JJ., concur.

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PER CURIAM.

This appeal raises the question whether section 947.181, Florida Statutes (1989), which grants the Parole Commission the authority to impose restitution as a condition of parole, violates the separation of powers provision of the Florida Constitution. Article II, section 3, of the Florida Constitution provides: “The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.” Article IV, section 8(c), of the Florida Constitution, which deals with the executive branch of government, provides that a parole and probation commission shall be created by law and that the commission shall have the power to grant parole to persons under sentences of crime. Thus, the Parole Commission is an agency created within the executive branch,¹ and the constitution gives it, not the courts, the power to make parole determinations. Therefore, it cannot be said that section 947.181 violates the separation of powers provision by delegating a judicial task to an administrative agency.

AFFIRMED.

ERVIN, DAVIS and BENTON, JJ., concur.

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Bluebook (online)

690 So. 2d 652, 1997 Fla. App. LEXIS 2360, 1997 WL 109242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harvin-v-state-fladistctapp-1997.

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