BERNARD WILLIAMS v. FLORIDA PAROLE COMMISSION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BERNARD WILLIAMS, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO.: 1D06-4666 FLORIDA PAROLE COMMISSION, Respondent. ____________________________/ Opinion filed April 30, 2007. Certiorari - Original Jurisdiction. Bernard Williams, pro se, Petitioner. Kim Fluharty, General Counsel, and Bradley R. Bischoff, Assistant General Counsel, Florida Parole Commission, Tallahassee, for Respondent. PER CURIAM. Bernard Williams seeks certiorari review of the denial of a petition for writ of mandamus which challenged the decision of the Florida Parole Commission, respondent, revoking his conditional release supervision. Because (i) the evidence of a willful violation on the part of the petitioner is tenuous at best, (ii) the hearing officer recommended reinstatement, and (iii) neither the parole examiner s report nor the Parole Commission s order contain a finding the petitioner s violation of his conditional release constituted a willful violation of a substantial condition of the conditional release order, under this court s recent decisions in Williams v. Florida Parole Commission, 32 Fla. L. Weekly D620 (Fla. 1st DCA March 2, 2006) and Mathis v. Florida Parole Commission, 944 So. 2d 1182 (Fla. 1st DCA 2006), we grant the petition, quash the circuit court s order, and remand with instructions that the trial court quash the order of the Parole Commission and remand for further proceedings consistent with these opinions. Further, the circuit court s order imposing a lien is quashed. Crosby v. Fla. Parole Comm n, 32 Fla. L. Weekly D619 (Fla. 1st DCA March 2, 2007). REMANDED for further proceedings consistent with this opinion. BARFIELD, WOLF, AND VAN NORTWICK, JJ., CONCUR. 2

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