Florida Statute 922.052 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 922
EXECUTION

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F.S. 922.052

922.052 Issuance of warrant of execution.—

(1) When a person is sentenced to death, the clerk of the court shall prepare a certified copy of the record of the conviction and sentence, and the sheriff shall send the record to the Governor and the clerk of the Florida Supreme Court.

(2)(a) The clerk of the Florida Supreme Court shall inform the Governor in writing certifying that a person convicted and sentenced to death, before or after the effective date of the act, has:

1. Completed such person’s direct appeal and initial postconviction proceeding in state court and habeas corpus proceeding and appeal therefrom in federal court; or

2. Allowed the time permitted for filing a habeas corpus petition in federal court to expire.

(b) Within 30 days after receiving the letter of certification from the clerk of the Florida Supreme Court, the Governor shall issue a warrant for execution if the executive clemency process has concluded, directing the warden to execute the sentence within 180 days, at a time designated in the warrant.

(c) If, in the Governor’s sole discretion, the clerk of the Florida Supreme Court has not complied with the provisions of paragraph (a) with respect to any person sentenced to death, the Governor may sign a warrant of execution for such person where the executive clemency process has concluded.

(3) The sentence shall not be executed until the Governor issues a warrant, attaches it to the copy of the record, and transmits it to the warden, directing the warden to execute the sentence at a time designated in the warrant.

(4) If, for any reason, the sentence is not executed during the week designated, the warrant shall remain in full force and effect and the sentence shall be carried out as provided in s. 922.06.

History.—s. 270, ch. 19554, 1939; CGL 1940 Supp. 8663(280); s. 136, ch. 70-339; s. 1, ch. 96-213; s. 1838, ch. 97-102; s. 6, ch. 2000-161; s. 12, ch. 2013-216.

Note.—Former s. 922.09.

F.S. 922.052 on Google Scholar

F.S. 922.052 on Casetext

Amendments to 922.052

Arrestable Offenses / Crimes under Fla. Stat. 922.052

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 922.052.

Annotations, Discussions, Cases:

Cases Citing Statute 922.052

Total Results: 9

Jose Antonio Jimenez v. State of Florida & SC18-1321 Jose Antonio Jimenez v. State of Florida

Court: Fla. | Date Filed: 2018-10-04T00:00:00-07:00

Citation: 265 So. 3d 462

Snippet: warrant period of 180 days is reasonable. See § 922.052(2)(b), Fla. Stat. (2018) ; Abdool , 141 So.3d at

Mark James Asay v. State of Florida

Court: Fla. | Date Filed: 2017-08-14T00:00:00-07:00

Citation: 224 So. 3d 695

Snippet: constitutional argument and, instead, states that sections 922.052 and 922.06 “are merely rules outlining the procedures

Oscar Ray Bolin, Jr. v. State of Florida

Court: Fla. | Date Filed: 2015-12-17T00:00:00-08:00

Citation: 184 So. 3d 492, 40 Fla. L. Weekly Supp. 728, 2015 Fla. LEXIS 2826

Snippet: Fla.2014), this Court reviewed whether section 922.052 violates due process, recognizing that while “no

In Re: Amendments to The Florida Rules of Judicial Administration The Florida Rules of Criminal Procedure and The Florida Rules Of Appellate Procedure—Capital Postconviction Rules

Court: Fla. | Date Filed: 2014-10-02T00:53:00-07:00

Snippet: Clerk of this Court in complying with section 922.052, Florida Statutes (2013).3 Turning next …Justice Act, the Florida Legislature amended section 922.052, Florida Statutes, to require the Clerk of this…report to the Governor pursuant to Florida Statute 922.052. RULE 3.852. CAPITAL POSTCONVICTION PUBLIC

In Re: Amendments to the Florida Rules of Judicial Administration The Florida Rules of Criminal Procedure and The Florida Rules of Appellate Procedure—Capital Postconviction Rules.

Court: Fla. | Date Filed: 2014-07-03T00:53:00-07:00

In re Amendments to the Florida Rules of Judicial Administration

Court: Fla. | Date Filed: 2014-07-03T00:00:00-07:00

Citation: 148 So. 3d 1171, 2014 WL 3555967

Snippet: Clerk of this Court in complying with section 922.052, Florida Statutes (2013).3 Turning next to Rule…Justice Act, the Florida Legislature amended section 922.052, Florida Statutes, to require the Clerk of this

Dane P. Abdool v. Pam Bondi, etc.

Court: Fla. | Date Filed: 2014-06-12T00:00:00-07:00

Citation: 141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887

Snippet: Section 922.052: Issuance of Warrant of Execution Under the prior version of section 922.052, the… challenges to amended section 922.052. Section 922.052: Issuance of Warrant of Execution…capital defendant whose sentence was final. See § 922.052, Fla. 2. The period of prohibition on… Petitioners first allege that amended section 922.052 directly intrudes on the constitutional authority…unconstitutional. To the contrary, amended section 922.052 is materially distinguishable from the unconstitutional

Robert L. Henry v. State of Florida

Court: Fla. | Date Filed: 2014-03-14T00:00:00-07:00

Citation: 134 So. 3d 938, 39 Fla. L. Weekly Supp. 131, 2014 WL 988999, 2014 Fla. LEXIS 948

Snippet: Section 922.052 Unconstitutional In his first issue on appeal, Henry argues that section 922.052, as …asserts that the plain language of sections 922.052(2)(b) and 922.052(3) requires the time of execution to be…3.851; the denial of his motion to declare section 922.052, Florida Statutes (2013), unconstitutional; and…Henry filed: (1) a motion arguing that section 922.052 — as amended by the Timely Justice Act (Act), ch…postconviction relief, his motion to declare section 922.052 unconstitutional, and his motion to dismiss the

Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida

Court: Fla. | Date Filed: 2014-01-03T00:00:00-08:00

Citation: 132 So. 3d 176

Snippet: has concluded.” § 922.052(2)(c), Fla. Stat. (2013). The remainder of section 922.052 remains unchanged…the constitutionality of amendments to section 922.052, Florida Statutes, that direct the Clerk of this…court, or has allowed that time to expire. See § 922.052(2)(a)1. & (a)2., 15. Ch. 2013-216, Laws…as unconstitutional the amendments to section 922.052 directing the Governor to sign a death warrant …days, at a time designated in the warrant.” § 922.052(2)(b), Fla. Stat. (2013). The amendments further