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Florida Statute 940.04 | Lawyer Caselaw & Research
F.S. 940.04 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 940.04

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 940
EXECUTIVE CLEMENCY
View Entire Chapter
F.S. 940.04
940.04 Copy of information or indictment to be furnished without charge.In the event any applicant for executive clemency is required to supply a certified copy of the applicant’s information, indictment, judgment, or sentence, said document shall be furnished by the clerk of court to the applicant free of charge and without delay.
History.s. 3, ch. 3018, 1877; RS 3000; GS 4076; RGS 6180; CGL 8494; s. 44, ch. 73-334; s. 3, ch. 88-193.

F.S. 940.04 on Google Scholar

F.S. 940.04 on Casetext

Amendments to 940.04


Arrestable Offenses / Crimes under Fla. Stat. 940.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 940.04.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PATTERSON, v. STATE, 264 So. 3d 315 (Fla. App. Ct. 2019)

. . . Patterson states in his initial brief that he wants the documents pursuant to section 940.04, Florida . . . Patterson never mentioned section 940.04 in the postconviction court. See Steinhorst v. . . . Moreover, section 940.04 is not applicable because Mr. . . . See § 940.04 (providing that any applicant for executive clemency is entitled to certified copies of . . .

A. FALANA, v. STATE, 210 So. 3d 186 (Fla. Dist. Ct. App. 2016)

. . . . § 940.04, Fla. Stat. (2015); see Clayton v. State, 849 So.2d 461, 461 (Fla. 2d DCA 2003). . . . prejudice to Falana’s right to file his request for documents with the clerk of court under section 940.04 . . .

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

. . . Section 940.04, Florida Statutes (2015), provides that “[i]n the event any applicant for executive clemency . . . sought arrest warrants and docket reports, but those documents are not within the purview of section 940.04 . . . See § 940.04. On remand, Mr. . . .

RAMSEY, v. FULLER,, 99 So. 3d 628 (Fla. Dist. Ct. App. 2012)

. . . Petitioner claims a right to documents under section 940.04, Florida Statutes, which requires a clerk . . . a copy of (a) the docketing statement and (b) the information in his criminal case, citing section 940.04 . . . executive clemency process and taken the necessary first steps to entitle him to copies under section 940.04 . . . As such, the inmate was entitled to copies under section 940.04 so that she could file her completed . . . Instead, he has merely cited section 940.04 and claimed a right to certified copies, which is wholly . . .

ADLINGTON, v. STATE, 948 So. 2d 839 (Fla. Dist. Ct. App. 2007)

. . . of the circuit court if appropriate, for failure to comply with its ministerial duties under Section 940.04 . . .

WILLIAMS, v. CIRCUIT COURT, JUDICIAL CIRCUIT,, 862 So. 2d 887 (Fla. Dist. Ct. App. 2003)

. . . He complains that he is entitled to free copies of these documents under section 940.04, Florida Statutes . . . Section 940.04, Florida Statutes, does entitle an applicant for executive clemency to free certified . . .

CLAYTON, v. STATE, 849 So. 2d 461 (Fla. Dist. Ct. App. 2003)

. . . Code R. 27 app. (2002); § 940.04, Fla. Stat. (2002); Marshall v. . . . See § 940.04; Lane, 778 So.2d at 1071 n. 1. . . . Pursuant to section 940.04, the clerk of the court shall furnish the copies to the applicant free of . . . trial court to compel the clerk of the court to comply with his ministerial duty set forth in section 940.04 . . .

LANE, v. GARDNER,, 778 So. 2d 1071 (Fla. Dist. Ct. App. 2001)

. . . Section 940.04, Florida Statutes, provides a basis for his request. . . . Section 940.04, Florida Statutes, does not require the production of this document nor do we. . . . .

MARSHALL, v. STATE, 759 So. 2d 717 (Fla. Dist. Ct. App. 2000)

. . . Chapter 940.04, Florida Statutes (1999), states: In the event any applicant for executive clemency is . . .

MEISNER, v. PATTON ELECTRIC CO. INC., 781 F. Supp. 1432 (D. Neb. 1990)

. . . Schaub, less the above noted deductions, the damages to real property are $113,-940.04. . . .

PUYALLUP TRIBE OF INDIANS, v. PORT OF TACOMA,, 525 F. Supp. 65 (W.D. Wash. 1981)

. . . line described as: Commencing at the southeast corner of said Section 3; thence N. 89° 42' 32" W., 940.04 . . .

HAYZES, v. ISRAEL,, 478 F. Supp. 846 (E.D. Wis. 1979)

. . . Stats., of homicide by reckless use of a weapon, § 940.04(1), Wis.Stats., and of negligent use of a weapon . . .

LARKIN, v. E. McCANN,, 368 F. Supp. 1352 (E.D. Wis. 1974)

. . . The amended complaint asserted that “Sec. 940.04, Wis.Stats, [the criminal abortion statute] has been . . .

ROE v. WADE, DISTRICT ATTORNEY OF DALLAS COUNTY, 410 U.S. 113 (U.S. 1973)

. . . . § 940.04 (1969); Wyo. Stat. Ann. §§ 6-77, 6-78 (1957). . . . Stat. § 940.04 (6) (1969), and the new Connecticut statute, Pub. . . .

LARKIN, v. BRUCE,, 352 F. Supp. 1076 (E.D. Wis. 1972)

. . . openly, publicly, repeatedly, persistently and intentionally violating a public statute, namely sections 940.04 . . . Section 940.04 is Wisconsin’s abortion statute. . . . Rather, he is relying on the fact that §§ 940.04(1) and (5), the subsections which cover abortions of . . .

STATE BRUCE v. LARKIN,, 346 F. Supp. 1065 (E.D. Wis. 1972)

. . . in the state court alleging that the defendant is performing abortions in open violation of section 940.04 . . .

ABELE v. MARKLE, s, 342 F. Supp. 800 (D. Conn. 1972)

. . . . § 940.04, which punishes one who “destroys the life of an unborn child.” . . .

L. KENNAN, M. D. v. WARREN,, 328 F. Supp. 525 (W.D. Wis. 1971)

. . . Kennan has repeatedly violated Sections 940.04(1) and 448.18(1) (a), Wis.Stat., and in which judgment . . . Kennan under Section 940.04(1), Wis. Stat. . . . Kennan, alleging violations of Section 940.04(1). . . . My April 27 opinion related strictly to Section 940.04(JL) and (5), Wis. Stat. . . . The order actually reads “940.04(3) (c),” but this is clearly a typographical error. . . . .

L. KENNAN, M. D. v. C. NICHOL,, 326 F. Supp. 613 (W.D. Wis. 1971)

. . . Plaintiffs attack Sections 940.04(1) and (5) of the Wisconsin Statutes, contending that they violate . . . Section 940.04(5) excepts from the prohibition a “therapeutic abortion,” which it defines. . . . April 19 and 20, the defendant made public statements threatening their imminent arrest under Section 940.04 . . . causing to be filed in a state court criminal complaints against them alleging violations of Section 940.04 . . . district attorney to show cause on April 26 why he should not be restrained from enforcing Section 940.04 . . . , assistants, and all those acting in concert or cooperation with him to enforce Wisconsin Statutes 940.04 . . .

HARLING, v. DEPARTMENT OF HEALTH AND SOCIAL SERVICES,, 323 F. Supp. 899 (E.D. Wis. 1971)

. . . convicted by a state court on November 14, 1968, of the commission of an abortion in violation of § 940.04 . . . prosecution for the commission of an allegedly illegal abortion, a three-judge district court declared that § 940.04 . . . the time of the Babbitz decision did the petitioner raise the question of the constitutionality of § 940.04 . . . The declaration in Babbitz that § 940.04(1) and (5) are unconstitutional was based upon the premise that . . .

E. McCANN, v. KERNER, W. L. G. F. Jr., 436 F.2d 1342 (7th Cir. 1971)

. . . district court entered a judgment reading in relevant part: It is ordered and adjudged that Sections 940.04 . . . court entered an amended judgment reading in relevant part: It is ordered and adjudged that Sections 940.04 . . .

G. BABBITZ, M. D. v. E. McCANN, F. Jr., 320 F. Supp. 219 (E.D. Wis. 1970)

. . . hearing, arguments were heard on the question of our enjoining the defendants from prosecuting under §§ 940.04 . . . Babbitz and also permanently enjoining the defendants from henceforth prosecuting others under §§ 940.04 . . .

I. I. ROSEN, M. D. v. LOUISIANA STATE BOARD OF MEDICAL EXAMINERS,, 318 F. Supp. 1217 (E.D. La. 1970)

. . . . § 940.04 : “(1) Any person, other than the mother, who intentionally destroys the life of an unborn . . .

G. BABBITZ, M. D. v. E. McCANN, F. Jr., 310 F. Supp. 293 (E.D. Wis. 1970)

. . . . § 940.04 and a judgment declaring it unconstitutional. . . . district attorney of Milwaukee county for allegedly having performed an abortion in violation of § 940.04 . . . We believe that § 940.04(5) sets forth with reasonable clarity and sufficient particularity the kind . . . amendment compels our conclusion that the state of Wisconsin may not, in the manner set forth in § 940.04 . . . CONCLUSION The plaintiff is entitled to a declaratory judgment declaring § 940.04(1) and (5) violative . . .

G. BABBITZ, M. D. v. E. McCANN, F. Jr., 306 F. Supp. 400 (E.D. Wis. 1969)

. . . action in which the plaintiff attacks the validity, under the Constitution of the United States, of § 940.04 . . . of the Wisconsin Statutes, and seeks a judgment declaring that § 940.04 violates the Constitution of . . . United States, and further seeks an injunction restraining the defendants from enforcing or executing § 940.04 . . . Milwaukee County, presided over by the defendant judge, for performing an abortion in violation of § 940.04 . . . The plaintiff is not only being threatened but is in fact being prosecuted for the violation of § 940.04 . . .

SHANNON, v. STATE, 172 So. 2d 479 (Fla. Dist. Ct. App. 1965)

. . . . §§ 906.28 and 940.04, Fla.Stat., F.S.A. . . .