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The Florida Senate

2016 Florida Statutes

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 940
EXECUTIVE CLEMENCY
CHAPTER 940
CHAPTER 940
EXECUTIVE CLEMENCY
940.01 Clemency; suspension or remission of fines and forfeitures, reprieves, pardons, restoration of civil rights, and commutations.
940.03 Application for executive clemency.
940.031 Clemency counsel when sentence of death imposed.
940.04 Copy of information or indictment to be furnished without charge.
940.05 Restoration of civil rights.
940.061 Informing persons about executive clemency and restoration of civil rights.
940.01 Clemency; suspension or remission of fines and forfeitures, reprieves, pardons, restoration of civil rights, and commutations.—
(1) Except in cases of treason and in cases when impeachment results in conviction, the Governor may, by executive order filed with the Secretary of State, suspend collection of fines and forfeitures, grant reprieves not exceeding 60 days, and, with the approval of two members of the Cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses.
(2) In cases of treason, the Governor may grant reprieves until adjournment of the regular session of the Legislature convening next after the conviction, at which session the Legislature may grant a pardon or further reprieve; otherwise the sentence shall be executed.
History.—RS 2997; GS 4073; RGS 6177; CGL 8491; s. 1, ch. 69-29; ss. 10, 35, ch. 69-106; s. 1, ch. 88-193; s. 18, ch. 2003-6.
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.
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.
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.
940.05 Restoration of civil rights.—Any person who has been convicted of a felony may be entitled to the restoration of all the rights of citizenship enjoyed by him or her before conviction if the person has:
(1) Received a full pardon from the Board of Executive Clemency;
(2) Served the maximum term of the sentence imposed upon him or her; or
(3) Been granted his or her final release by the Florida Commission on Offender Review.
History.—s. 1, ch. 3467, 1883; RS 3001; GS 4077; RGS 6181; CGL 8495; s. 3, ch. 69-29; s. 494, ch. 81-259; s. 47, ch. 88-122; s. 1595, ch. 97-102; s. 167, ch. 2008-4; s. 27, ch. 2014-191.
940.061 Informing persons about executive clemency and restoration of civil rights.—The Department of Corrections shall inform and educate inmates and offenders on community supervision about the restoration of civil rights. Each month the Department of Corrections shall send to the Florida Commission on Offender Review by electronic means a list of the names of inmates who have been released from incarceration and offenders who have been terminated from supervision who may be eligible for restoration of civil rights.
History.—s. 3, ch. 96-312; s. 6, ch. 2010-64; s. 28, ch. 2014-191.