Harvin v. State, 690 So. 2d 652 (Fla. Dist. Ct. App. 1997)

Cases | Harvin v. State, 690 So. 2d 652 (Fla. Dist. Ct. App. 1997) | 2018

On appeal, the constitutionality of Fla. Stat. § 775.089 was questioned: does the statute, “which grants the Parole Commission the authority to impose restitution as a condition of parole, violate[] the separation of powers provision of the Florida Constitution?” The court of appeals held that because the Parole Commission is an executive agency, and the constitution gives the executive branch the power to make parole determinations, the statute does not violate the Florida Constitution’s separation of powers provision.