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Florida Statute 922.07 | Lawyer Caselaw & Research
F.S. 922.07 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 922
EXECUTION
View Entire Chapter
F.S. 922.07
922.07 Proceedings when person under sentence of death appears to be insane.
(1) When the Governor is informed that a person under sentence of death may be insane, the Governor shall stay execution of the sentence and appoint a commission of three psychiatrists to examine the convicted person. The Governor shall notify the psychiatrists in writing that they are to examine the convicted person to determine whether he or she understands the nature and effect of the death penalty and why it is to be imposed upon him or her. The examination of the convicted person shall take place with all three psychiatrists present at the same time. Counsel for the convicted person and the state attorney may be present at the examination. If the convicted person does not have counsel, the court that imposed the sentence shall appoint counsel to represent him or her.
(2) After receiving the report of the commission, if the Governor decides that the convicted person has the mental capacity to understand the nature of the death penalty and the reasons why it was imposed upon him or her, the Governor shall immediately lift the stay and notify the Attorney General of such action. Within 10 days after such notification, the Governor must set the new date for execution of the death sentence. When the new date for execution of the death sentence is set by the Governor under this subsection, the Attorney General shall notify the inmate’s counsel of record of the date and time of execution.
(3) If the Governor decides that the convicted person does not have the mental capacity to understand the nature of the death penalty and why it was imposed on him or her, the Governor shall have the convicted person committed to a Department of Corrections mental health treatment facility.
(4) When a person under sentence of death has been committed to a Department of Corrections mental health treatment facility, he or she shall be kept there until the facility administrator determines that he or she has been restored to sanity. The facility administrator shall notify the Governor of his or her determination, and the Governor shall appoint another commission to proceed as provided in subsection (1).
(5) The Governor shall allow reasonable fees to psychiatrists appointed under the provisions of this section which shall be paid by the state.
History.s. 268, ch. 19554, 1939; CGL 1940 Supp. 8663(278); s. 134, ch. 70-339; s. 1, ch. 85-193; s. 3, ch. 96-213; s. 1839, ch. 97-102.

F.S. 922.07 on Google Scholar

F.S. 922.07 on Casetext

Amendments to 922.07


Arrestable Offenses / Crimes under Fla. Stat. 922.07
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 922.07.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In HENRY,, 757 F.3d 1151 (11th Cir. 2014)

. . . Henry’s fitness to be executed pursuant to § 922.07 of the Florida Statutes. See Henry v. . . . Section 922.07 provides procedures to be followed “[wjhen the Governor is informed that a person under . . . Stat. § 922.07(1). . . . Florida Statute § 922.07(1) is designed to aid in the determination of whether the defendant is competent . . . Henry’s fitness under § 922.07 of the Florida Statutes. . . . to authorize a determination of Henry’s sanity, and thus his fitness for execution, as provided in § 922.07 . . . In relevant part, § 922.07 states: (1) When the Governor is informed that a person under sentence of . . . Stat. § 922.07. . . . .

HENRY, v. STATE, 141 So. 3d 557 (Fla. 2014)

. . . proceedings and announced the intent to pursue, a determination of Henry’s competency under section 922.07 . . . understands the nature and effect of the death penalty and why it is to be imposed upon him or her.” § 922.07 . . . Moreover, three doctors recently evaluated Henry to determine his competency under section 922.07 and . . .

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

. . . See § 922.07, Fla. Stat. (2013); Fla. R.Crim. P. 3.811 and 3.812. . . .

GORE, v. STATE, 120 So. 3d 554 (Fla. 2013)

. . . Pursuant to section 922.07, Florida Statutes (2012), the Governor temporarily stayed Gore’s execution . . .

GORE, v. D. CREWS,, 720 F.3d 811 (11th Cir. 2013)

. . . . § 922.07, appointed a commission of three psychiatrists to evaluate Gore’s mental competence to be . . .

BARNES, v. STATE, 124 So. 3d 904 (Fla. 2013)

. . . See § 922.07(3), Florida Statutes (2012); Johnston v. . . .

FERGUSON, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 716 F.3d 1315 (11th Cir. 2013)

. . . . § 922.07, the Governor temporarily stayed the execution and appointed a commission of three psychiatrists . . . Ann. § 922.07(2) (1985). . . .

SIMMONS, v. STATE v. S., 105 So. 3d 475 (Fla. 2012)

. . . See § 922.07(3), Fla. Stat. (2009); Provenzano v. State, 760 So.2d 137, 140 (Fla.2000). . . .

FERGUSON, v. STATE, 112 So. 3d 1154 (Fla. 2012)

. . . As required by section 922.07, Florida Statutes (2012), the Governor temporarily stayed Ferguson’s execution . . . (citing § 922.07(3), Fla. . . .

HILL, Jr. v. HUMPHREY,, 662 F.3d 1335 (11th Cir. 2011)

. . . . § 922.07 (1985) (proceedings when person under sentence of death appears to be insane)); see also Goode . . . Stat. § 922.07 does not violate due process). . . .

GROSSMAN, v. STATE, 29 So. 3d 1034 (Fla. 2010)

. . . The trial court dismissed this claim on the ground that the claim was premature under both section 922.07 . . . See also § 922.07, Fla. . . . conclude that the trial court properly dismissed this claim because under rule 3.811(c) and section 922.07 . . .

JOHNSTON, v. STATE, 27 So. 3d 11 (Fla. 2010)

. . . See § 922.07(3), Fla. Stat. (2009); Provenzano v. State, 760 So.2d 137, 140 (Fla.2000). . . .

E. BILLIOT, v. B. EPPS,, 671 F. Supp. 2d 840 (S.D. Miss. 2009)

. . . . § 922.07 (1985) to have Ford declared incompetent to be executed. . . . Fla.Stat. § 922.07 (1985 and Supp. 1986). Id. at 422, 106 S.Ct. 2595. . . . Ann. § 922.07(1) (Westlaw 2009); Ga.Code Ann. § 17-10-60 (Westlaw 2009); Ky.Rev.Stat. . . .

HALL, v. QUARTERMAN,, 534 F.3d 365 (5th Cir. 2008)

. . . . § 922.07 (1985 and Supp.1986)). . 477 U.S. at 401, 106 S.Ct. 2595. . . . .

PHILMORE, v. STATE v. R., 937 So. 2d 578 (Fla. 2006)

. . . because the claim is not ripe, and that a defendant must submit this claim in accordance with section 922.07 . . .

PANETTI, v. DRETKE,, 448 F.3d 815 (5th Cir. 2006)

. . . . § 922.07(2)). . . .

WALTON, v. M. JOHNSON,, 440 F.3d 160 (4th Cir. 2006)

. . . . § 922.07(3) (1985 & 2005). . . .

WALTON, v. M. JOHNSON,, 407 F.3d 285 (4th Cir. 2005)

. . . . § 922.07(3) (1985 & 2005). . . . . § 922.07(3) (West 2001). . . .

DAVIS, v. STATE v. V. Jr., 875 So. 2d 359 (Fla. 2003)

. . . State, 817 So.2d 786, 799 (Fla.2002); § 922.07, Fla. Stat. (2003); Fla.R.Crim. P. 3.811. . . .

GRIFFIN, v. STATE, 866 So. 2d 1 (Fla. 2003)

. . . Section 922.07(1), Florida Statutes (2002), also provides that the Governor shall stay the execution . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. WATTS,, 800 So. 2d 225 (Fla. 2001)

. . . See § 922.07, Fla. Stat. (2000). . . . Id. § 922.07(3) (emphasis added). . . . Id. § 922.07(4). . . .

COE, v. BELL,, 89 F. Supp. 2d 922 (M.D. Tenn. 2000)

. . . . § 922.07 (“whether he or she understands the nature and effect of the death penalty and why it is to . . .

H. PROVENZANO, v. STATE, 751 So. 2d 37 (Fla. 1999)

. . . filings with the Governor claiming that Provenza-no was insane to be executed, pursuant to section 922.07 . . . Section 922.07 states: Proceedings when person under sentence of death appears to be insane.— (1) When . . . after a defendant has made sufficient allegations of insanity to the Governor, pursuant to section 922.07 . . . the Legislature to consider establishing a timetable as to when a claim must be filed under section 922.07 . . . Yet Provenzano did not file his section 922.07 claim until July 5, 1999, more than two weeks after receiving . . . Dugger, 686 F.Supp. 1523 (M.D.Fla.1988); § 922.07, Fla. Stat. . . . See § 922.07, Fla. Stat. . . . Waldman, M.D., and Leslie Parsons, D.O., the three experts appointed by Governor Bush pursuant to section 922.07 . . .

POLAND, v. STEWART,, 41 F. Supp. 2d 1037 (D. Ariz. 1999)

. . . . § 922.07 (1985 and Supp.1986) provides inadequate assurances of accuracy to satisfy the requirements . . .

ALVORD, v. STATE, 694 So. 2d 704 (Fla. 1997)

. . . Subsequently, the Governor ordered a competency evaluation pursuant to section 922.07, Florida Statutes . . .

In MEDINA,, 109 F.3d 1556 (11th Cir. 1997)

. . . On December 2, 1996, counsel for Medina invoked Florida Statutes § 922.07, representing that Medina might . . .

MEDINA, v. K. SINGLETARY, Jr., 960 F. Supp. 275 (M.D. Fla. 1997)

. . . On December 2,1996, pursuant to section 922.07, Florida Statutes (1995), Petitioner wrote a letter to . . .

MEDINA, v. STATE, 690 So. 2d 1241 (Fla. 1997)

. . . The letter invoked the provisions of section 922.07, Florida Statutes (1995), which sets forth an executive . . . Pursuant to section 922.07, the Governor appointed a commission of three psychiatrists to determine whether . . .

MARTIN, v. K. SINGLETARY,, 795 F. Supp. 1572 (S.D. Fla. 1992)

. . . . § 922.07 if he wished to pursue the claim further. Martin v. . . . Believing the § 922.07 proceedings were unconstitutional under Ford, supra, Martin’s counsel advised . . . Accordingly, a new § 922.07 proceeding was initiated, and the panel of psychiatrists found Martin competent . . .

ALVORD, v. L. DUGGER,, 541 So. 2d 598 (Fla. 1989)

. . . judicial determination of his competency to be executed separate from the existing procedure under section 922.07 . . .

MARTIN, v. L. DUGGER,, 686 F. Supp. 1523 (S.D. Fla. 1988)

. . . . § 922.07 (West 1985). . . . Stat. § 922.07. The doctor’s task was to examine the competency of Martin. . . . Martin sought a stay of the § 922.07 proceedings claiming that any use of § 922.07 was unconstitutional . . . Martin claims that Fla.Stat. § 922.07 and Fla. . . . applied section 922.07 in a constitutionally impermissible manner. . . .

MARTIN, v. STATE, 515 So. 2d 189 (Fla. 1987)

. . . See § 922.07, Fla. Stat. (1987). . . . nature and effect of the death penalty, and why it is to be imposed upon him as required by Section 922.07 . . .

MARTIN, v. L. DUGGER, MARTIN, v. STATE, 515 So. 2d 185 (Fla. 1987)

. . . Thereafter, pursuant to the earlier request of Martin’s lawyer invoking the provisions of section 922.07 . . . quo warranto or for extraordinary relief in the nature of quo warranto seeking to stay the section 922.07 . . . Upon advice of his lawyer, Martin then refused to participate in the section 922.07 examination, and . . . denied the motion, pointing out that by its own terms rule 3.811 is only effective after a section 922.07 . . . Dugger, I dissent from the reordering of a section 922.07 examination. . . . We directed Martin’s counsel to follow the procedures set out in section 922.07, Florida Statutes (1985 . . . That motion argues that section 922.07 is inadequate to protect a mental incompetent’s right not to be . . . The motion argues that rule 3.811’s direction to first proceed under section 922.07 is improper and asks . . . i proceedings under section 922.07 ... are initiated, and such proceedings result in a determination . . . That part of Justice Marshall’s opinion is not a majority opinion, however, and section 922.07 and rule . . .

PERICOLA, III, v. STATE, 499 So. 2d 864 (Fla. Dist. Ct. App. 1986)

. . . Section 922.07, Florida Statutes (1969), set forth the procedures to be followed by the Governor when . . . However, by Chapter 70-339, Section 134, Section 922.07 was amended to provide, as it does today, that . . . In the same term in which Section 922.07 was amended, Section 921.09 was repealed and replaced by Rule . . .

In EMERGENCY AMENDMENT TO FLORIDA RULES OF CRIMINAL PROCEDURE RULE COMPETENCY TO BE EXECUTED, 497 So. 2d 643 (Fla. 1986)

. . . When proceedings under section 922.07, Florida Statutes (1985), are initiated, and such proceedings result . . .

MARTIN, v. L. WAINWRIGHT,, 497 So. 2d 872 (Fla. 1986)

. . . counsel wish to pursue this claim, we direct them to initiate the sanity proceedings set out in section 922.07 . . . execution is scheduled for Nov. 18, 1986, time would appear to be of the essence in proceeding under § 922.07 . . . We note that the governor may extend the warrant period under § 922.07(2). . . . .

FORD v. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, 477 U.S. 399 (U.S. 1986)

. . . . § 922.07(3) (1985 and Supp. 1986). . . . Stat. §922.07(3) (1985). . . . . § 922.07(1) (1985). . . . .” §922.07(3) (Supp. 1986) (emphasis added). . . . . § 922.07 (1985). . . . statute, the Governor of Florida appointed a panel of three psychiatrists to evaluate whether, under §922.07 . . . Stat. §922.07 (1985 and Supp. 1986). . . . Stat. §922.07 (1985 and Supp. 1986), as noted earlier, is the State’s placement of the decision wholly . . . Stat. §922.07 (1985 and Supp. 1986); Ga. Code Ann. § 17-10-62 (1982); Ill. Rev. . . .

ADAMS, v. L. WAINWRIGHT,, 484 So. 2d 580 (Fla. 1986)

. . . A panel of three psychiatrists has been appointed by the governor under the authority of section 922.07 . . . We have considered and rejected such attacks on the validity of 922.07. Goode v. . . .

FORD, v. L. WAINWRIGHT,, 752 F.2d 526 (11th Cir. 1985)

. . . . § 922.07 (1983). . . . Florida’s prohibition is incorporated in Fla.Stat. § 922.07 (1983), which prescribes both the test of . . . Fla.Stat. § 922.07(2) (1983). . . . . § 922.07 (1983). . . . F.S.A. § 922.07(2) and (3). . . . 43-2622 (1977); Cal.Penal Code § 3700 et seq. (1979); Conn.Gen.Stat. § 54-101 (1980); Fla.Stats. § 922.07 . . .

ALVORD, v. STATE, 459 So. 2d 316 (Fla. 1984)

. . . the pendency of Alvord’s 3.850 proceeding, the Governor of Florida invoked the provisions of section 922.07 . . . that his client is presently insane and requested the governor to examine Alvord pursuant to section 922.07 . . . In this proceeding, Alvord argues that, separate and apart from the procedure outlined in section 922.07 . . . 604 (1950), and specifically rejected the contention that the statutory process set forth in section 922.07 . . . The governor is proceeding to make a competency determination under section 922.07 and we find neither . . .

JACKSON, v. STATE JACKSON, v. L. WAINWRIGHT, JACKSON, v. STATE, 452 So. 2d 533 (Fla. 1984)

. . . judicial determination should be made in addition to and aside from that determination made under section 922.07 . . .

FORD, v. G. STRICKLAND, Jr. L. FORD, v. L. WAINWRIGHT,, 734 F.2d 538 (11th Cir. 1984)

. . . denied the writ on appeal from the petitioner’s first habeas corpus petition, the governor began his § 922.07 . . . contended in response that he was unable to assert his “newly ripened claim” until completion of the § 922.07 . . . barring execution is dependent upon the governor’s implementation of the statutory procedures of § 922.07 . . . On the contrary, Florida employs a statutory procedure to avoid that result, see Fla.Stats. § 922.07, . . . 1983, Ford, through his attorneys, sought exhaustion of state remedies pursuant to Florida Statute § 922.07 . . . The Governor did not render a decision with respect to the § 922.07 proceeding until he signed the death . . . most probably have been met with a ruling that Ford’s sole relief was pursuant to Florida Statute § 922.07 . . .

FORD, v. L. WAINWRIGHT, FORD, v. STATE, 451 So. 2d 471 (Fla. 1984)

. . . Thereafter proceedings to determine petitioner’s mental competency were instituted pursuant to section 922.07 . . . In addition to the proceedings that were instituted on behalf of petitioner pursuant to section 922.07 . . . separate judicial determination of sanity must be made apart from the statutory procedure in section 922.07 . . . , we addressed this issue, agreed “that an insane person cannot be executed,” and held that section 922.07 . . . Thus, in Goode we held that under section 922.07 the governor can make the determination; Goode does . . .

GOODE, Jr. III, v. L. WAINWRIGHT,, 731 F.2d 1482 (11th Cir. 1984)

. . . Then, pursuant to Florida Statute 922.07, the governor of Florida entered an executive order appointing . . . insane and that it violates the Constitution to execute an insane person, and (2) that Florida Statute 922.07 . . . claim is a newly ripened claim that could not be presented until the governor had gone through the § 922.07 . . . barring execution is dependent upon the governor’s implementation of the statutory procedures of § 922.07 . . .

GOODE, III, v. L. WAINWRIGHT,, 448 So. 2d 999 (Fla. 1984)

. . . After Hysler the legislature enacted section 922.07, Florida Statutes (1983) (originally chapter 19554 . . .

SOLESBEE v. BALKCOM, WARDEN, 339 U.S. 9 (U.S. 1950)

. . . . § 922.07 (1941). (36) Miss. Code Ann. § 2558 (1942). E. . . .