MILLER v. FLORIDA COMMISSION ON OFFENDER REVIEW (2025)

Appellant Theresa Miller appeals a final order dismissing her petition for writ of mandamus. She advances three arguments on appeal: (1) the lower court erred when it construed her petition as seeking mandamus relief; (2) the lower court erred when it dismissed her petition based on a failure to comply with section 57.085, Florida Statutes; and (3) the lower court erred when it ordered her to pay appeal service charges and ordered a lien placed on her prison trust account. We affirm the first issue without further discussion. See Williams v. Fla. Parole Comm'n, 625 So. 2d 926, 934 (Fla. 1st DCA 1993) (holding that “a commission order suspending an inmate's PPRD and thereby refusing to set an EPRD is appropriately reviewed by mandamus.”).

As to the latter two issues, Appellee concedes error. Miller's mandamus petition and subsequent appeal were collateral criminal proceedings and therefore exempt from the fee and lien provisions of section 57.085. See § 57.085(10), Fla. Stat. (“This section does not apply to a criminal proceeding or a collateral criminal proceeding.”); Fla. Parole Comm'n v. Spaziano, 48 So. 3d 714, 724 (Fla. 2010) (holding that challenges to an inmate's PPRD are collateral criminal proceedings and “section 57.085(10) precludes imposition of a lien on the inmate's trust account to recover applicable filing fees”); see, e.g., Whited v. Fla. Comm'n on Offender Rev., 145 So. 3d 951 (Fla. 1st DCA 2014). We, therefore, reverse the dismissal and the lower court's order on Miller's appeal service charges.

Affirmed in part, Reversed in part, and Remanded.

Per Curiam.

Osterhaus, C.J., and Bilbrey and Long, JJ., concur.