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Florida Statute 940.031 | Lawyer Caselaw & Research
F.S. 940.031 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 940.031

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 940
EXECUTIVE CLEMENCY
View Entire Chapter
F.S. 940.031
940.031 Clemency counsel when sentence of death imposed.
(1) The Board of Executive Clemency may appoint private counsel to represent a person sentenced to death for relief by executive clemency at such time as the board deems appropriate for clemency consideration. The board shall maintain a list of private counsel available for appointment under this section.
(2) The appointed attorney shall be compensated by the board, not to exceed $10,000, for attorney fees and costs incurred in representing the person for relief by executive clemency, with compensation to be paid out of the General Revenue Fund from funds budgeted to the Florida Commission on Offender Review.
(3) It is the intent of the Legislature that the fee prescribed under this section comprises the full and complete compensation for appointed private counsel. It is further the intent of the Legislature that the fee in this section is prescribed for the purpose of providing counsel with notice of the limit on the amount of compensation for representation under this section. Appointment of counsel for executive clemency under this section shall be at the board’s sole discretion. The provision of counsel for executive clemency under this section does not create a statutory right to counsel in such proceedings.
History.s. 5, ch. 2014-59; s. 98, ch. 2015-2.

F.S. 940.031 on Google Scholar

F.S. 940.031 on Casetext

Amendments to 940.031


Arrestable Offenses / Crimes under Fla. Stat. 940.031
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 940.031.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . § 940.031. But the statute "does not create a statutory right to counsel in such proceedings." . . .