The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 922
EXECUTION

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F.S. 922.052

922.052 Issuance of warrant of execution.—

(1) When a person is sentenced to death, the clerk of the court shall prepare a certified copy of the record of the conviction and sentence, and the sheriff shall send the record to the Governor and the clerk of the Florida Supreme Court.

(2)(a) The clerk of the Florida Supreme Court shall inform the Governor in writing certifying that a person convicted and sentenced to death, before or after the effective date of the act, has:

1. Completed such person’s direct appeal and initial postconviction proceeding in state court and habeas corpus proceeding and appeal therefrom in federal court; or

2. Allowed the time permitted for filing a habeas corpus petition in federal court to expire.

(b) Within 30 days after receiving the letter of certification from the clerk of the Florida Supreme Court, the Governor shall issue a warrant for execution if the executive clemency process has concluded, directing the warden to execute the sentence within 180 days, at a time designated in the warrant.

(c) If, in the Governor’s sole discretion, the clerk of the Florida Supreme Court has not complied with the provisions of paragraph (a) with respect to any person sentenced to death, the Governor may sign a warrant of execution for such person where the executive clemency process has concluded.

(3) The sentence shall not be executed until the Governor issues a warrant, attaches it to the copy of the record, and transmits it to the warden, directing the warden to execute the sentence at a time designated in the warrant.

(4) If, for any reason, the sentence is not executed during the week designated, the warrant shall remain in full force and effect and the sentence shall be carried out as provided in s. 922.06.

History.—s. 270, ch. 19554, 1939; CGL 1940 Supp. 8663(280); s. 136, ch. 70-339; s. 1, ch. 96-213; s. 1838, ch. 97-102; s. 6, ch. 2000-161; s. 12, ch. 2013-216.

Note.—Former s. 922.09.

F.S. 922.052 on Google Scholar

F.S. 922.052 on Casetext

Amendments to 922.052

Arrestable Offenses / Crimes under Fla. Stat. 922.052

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 922.052.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BOWLES, v. DESANTIS,, 934 F.3d 1230 (11th Cir. 2019)

. . . . § 922.052. In this case, the Commission began clemency proceedings for Bowles in March of 2018. . . .

JIMENEZ, v. STATE v., 265 So. 3d 462 (Fla. 2018)

. . . See § 922.052(2)(b), Fla. Stat. (2018) ; Abdool , 141 So.3d at 544. . . .

ASAY, v. STATE v. L., 224 So. 3d 695 (Fla. 2017)

. . . court’s order does not appear to address the constitutional argument and, instead, states that sections 922.052 . . .

BOLIN, Jr. v. STATE, 184 So. 3d 492 (Fla. 2015)

. . . Bondi, 141 So.3d 529 (Fla.2014), this Court reviewed whether section 922.052 violates due process, recognizing . . .

In AMENDMENTS TO FLORIDA RULES OF JUDICIAL ADMINISTRATION FLORIDA RULES OF CRIMINAL PROCEDURE AND FLORIDA RULES OF APPELLATE PROCEDURE CAPITAL POSTCONVICTION RULES, 148 So. 3d 1171 (Fla. 2014)

. . . This new rule is intended to assist the Clerk of this Court in complying with section 922.052, Florida . . . In the Timely Justice Act, the Florida Legislature amended section 922.052, Florida Statutes, to require . . .

P. ABDOOL, v. BONDI,, 141 So. 3d 529 (Fla. 2014)

. . . Section 922.052: Issuance of Warrant of Execution Under the prior version of section 922.052, the Governor . . . See § 922.052, Fla. Stat. (2012). The Act modifies this section in several ways. . . . Section 922.052: Issuance of Warrant of Execution Infringement on This Court’s Rulemaking Authority The . . . Amended section 922.052(2)(a) essentially requires the Clerk of the Florida Supreme Court to maintain . . . See § 922.052, Fla. Stat. (2012); see also Cave v. . . .

LUGO, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 750 F.3d 1198 (11th Cir. 2014)

. . . . § 922.052. . . .

L. HENRY, v. STATE, 134 So. 3d 938 (Fla. 2014)

. . . , filed under Florida Rule of Criminal Procedure 3.851; the denial of his motion to declare section 922.052 . . . In addition, Henry filed: (1) a motion arguing that section 922.052 — as amended by the Timely Justice . . . In addition to his claims on appeal regarding his motion to declare section 922.052 unconstitutional . . . 922.052, as amended by the Act, violates the Separation of Powers Clause of the Florida Constitution . . . Henry asserts that the plain language of sections 922.052(2)(b) and 922.052(3) requires the time of execution . . .

MUHAMMAD f k a v. STATE, 132 So. 3d 176 (Fla. 2013)

. . . See § 922.052(2)(a)l. <& (a)2., Fla. Stat. (2013). . . . He also challenges as unconstitutional the amendments to section 922.052 directing the Governor to sign . . . The remainder of section 922.052 remains unchanged. . . . We do not reach Muhammad’s constitutional challenge to the amendments to section 922.052 pursuant to . . . As noted earlier, the constitutionality of the amendments to section 922.052, Florida Statutes (2013) . . .