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Florida Statute 940.03 | Lawyer Caselaw & Research
F.S. 940.03 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 940.03

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 940
EXECUTIVE CLEMENCY
View Entire Chapter
F.S. 940.03
940.03 Application for executive clemency.If a person intends to apply for remission of any fine or forfeiture or the commutation of any punishment, or for pardon or restoration of civil rights, he or she shall request an application form from the Florida Commission on Offender Review in compliance with such rules regarding application for executive clemency as are adopted by the Governor with the approval of two members of the Cabinet. Such application may require the submission of a certified copy of the applicant’s indictment or information, the judgment adjudicating the applicant to be guilty, and the sentence, if sentence has been imposed, and may also require the applicant to send a copy of the application to the judge and prosecuting attorney of the court in which the applicant was convicted, notifying them of the applicant’s intent to apply for executive clemency. An application for executive clemency for a person who is sentenced to death must be filed within 1 year after the date the Supreme Court issues a mandate on a direct appeal or the United States Supreme Court denies a petition for certiorari, whichever is later.
History.s. 2, ch. 3018, 1877; RS 2999; GS 4075; RGS 6179; CGL 8493; s. 2, ch. 67-75; s. 2, ch. 69-29; s. 2, ch. 88-193; s. 321, ch. 92-279; s. 55, ch. 92-326; s. 9, ch. 96-290; s. 1844, ch. 97-102; s. 19, ch. 2003-6; s. 26, ch. 2014-191.

F.S. 940.03 on Google Scholar

F.S. 940.03 on Casetext

Amendments to 940.03


Arrestable Offenses / Crimes under Fla. Stat. 940.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 940.03.



Annotations, Discussions, Cases:

Cases from cite.case.law:

D. DENSON, Jr. v. STATE, 198 So. 3d 779 (Fla. Dist. Ct. App. 2016)

. . . In addition, section 940.03 recognizes that applicants for executive clemency may be required to submit . . .

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

. . . Further, section 940.03 provides that the executive clemency process in a capital case is initiated by . . . appeal or the United States Supreme Court denies a petition for certiora-ri, whichever is later.” § 940.03 . . . When read together, section 940.03 and amended section 922.052 demonstrate that the warrant issuance . . . prohibits the issuance of warrants of execution until the clemency process is completed; and (2) section 940.03 . . .

N. ANDERSON, v. STATE, 69 So. 3d 982 (Fla. Dist. Ct. App. 2011)

. . . Her remedy, if she has one, is to seek executive clemency pursuant to section 940.03, Florida Statutes . . .

T. GREENE, v. POLLARD,, 677 F. Supp. 2d 1073 (W.D. Wis. 2009)

. . . . §§ 940.01(1) (2001) (causing death with intent to kill) and 940.03 (2001) (causing death while committing . . .

McCULLOUGH, v. STATE, 997 So. 2d 1187 (Fla. Dist. Ct. App. 2008)

. . . . § 940.03, Fla. . . .

R. PERRY, v. R. McCAUGHTRY,, 308 F.3d 682 (7th Cir. 2002)

. . . . § 940.03 (emphasis added). . . . occurs where a person causes the death of another during the commission of a felony, see Wis.Stat. 940.03 . . .

CHAMBERS, v. R. McCAUGHTRY,, 264 F.3d 732 (7th Cir. 2001)

. . . been ‘a natural and probable consequence of the commission’ of the burglary within the meaning of sec. 940.03 . . .

HUGHES, v. MATHEWS,, 576 F.2d 1250 (7th Cir. 1978)

. . . . § 940.03 (1975). . . . .

UNITED STATES JACKSON, v. W. FOLLETTE,, 462 F.2d 1041 (2d Cir. 1972)

. . . . § 940.03 (1958), defining felony murder as murder in tlie third degree. . . .

WOODHULL, v. CADY,, 334 F. Supp. 74 (E.D. Wis. 1971)

. . . . § 940.03. . . .

PATELSKI, v. O. CADY,, 313 F. Supp. 1268 (E.D. Wis. 1970)

. . . Under these circumstances, § 940.03, Wis. . . .

OSTROWSKI, v. C. BURKE,, 402 F.2d 377 (7th Cir. 1968)

. . . Section 940.03 of the Wisconsin Statutes provides: “Third-degree murder. . . . In now contending that the trial court imposed a higher sentence than permitted by Section 940.03, petitioner . . . maximum for second degree murder under Section 940.02 and more than the 15 years mentioned in Section 940.03 . . . It was the Wisconsin legislature’s prerogative to classify the conduct proscribed by Section 940.03 as . . . There is no due process requirement that the punishment meted out by Section 940.03 be less than the . . .

v., 27 B.T.A. 673 (B.T.A. 1933)

. . . Federal control, then the proper allocation is as follows: 1918-$110,234.50 1919- 239,173.07 1920- 41, 940.03 . . .