Florida Statutes

Fla. Stat. § 922.052 (2025)

Issuance of warrant of execution.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 16 cases (5 in the last 5 years), 2014–2026 · leading case: Dane P. Abdool v. Pam Bondi, etc., 141 So. 3d 529 (Fla. 2014).

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Dane P. Abdool v. Pam Bondi, etc., 141 So. 3d 529 (Fla. 2014). · cites it 62× “See § 922.052, Fla. Stat. (2012); see also Cave v.”

Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida, 132 So. 3d 176 (Fla. 2014). · cites it 23× “As noted earlier, the constitutionality of the amendments to section 922.052, Florida Statutes (2013), is not determined in this proceeding and our affirmance of the circuit court‟s denial of postconviction relief is not a ruling on the merits concerning the constitutionality of…”

Robert L. Henry v. State of Florida, 134 So. 3d 938 (Fla. 2014). · cites it 17× “851; the denial of his motion to declare section 922.052, Florida Statutes (2013), unconstitutional; and his motion to dismiss his death warrant.”

Jose Antonio Jimenez v. State of Florida & SC18-1321 Jose Antonio Jimenez v. State of Florida, 265 So. 3d 462 (Fla. 2018). · cites it 4× “See § 922.052(2)(b), Fla. Stat. (2018); Abdool, 141 So.”

Daniel Lugo v. Sec'y, Florida Dep't of Corr., 750 F.3d 1198 (11th Cir. 2014). · cites it 2× “” Fla. Stat. § 922.052 . The purpose of the certification is to facilitate the issuance of warrants of execution.”

Gary Ray Bowles v. Ron Desantis, Governor, 934 F.3d 1230 (11th Cir. 2019). · cites it 2× “Fla. Stat. § 922.052 . In this case, the Commission began clemency proceedings for Bowles in March of 2018.”

In re Amendments to the Florida Rules of Jud. Admin., 148 So. 3d 1171 (Fla. 2014). · cites it 4× “This new rule is intended to assist the Clerk of this Court in complying with section 922.052, Florida Statutes (2013).”

Oscar Ray Bolin, Jr. v. State of Florida, 184 So. 3d 492 (Fla. 2015). “2014), this Court reviewed whether section 922.052 violates due process, recognizing that while “no single test .”

Michael A. Tanzi v. State of Florida; Michael A. Tanzi v. Sec'y, Dep't of Corr. & Michael A. Tanzi v. Sec'y, Dep't of Corr. (Fla. 2025). · cites it 3× “Here, Tanzi has made no new challenge to the statute, nor has Tanzi made any argument that the Governor has violated the requirements of section 922.052(2)(b), Florida Statutes (2024).”

In Re: Amendments to the Florida Rules of Jud. Admin. The Florida Rules of Crim. Procedure & The Florida Rules of Appellate Procedure—Capital Postconviction Rules. (Fla. 2014). · cites it 4× “This new rule is intended to assist the Clerk of this Court in complying with section 922.052, Florida Statutes (2013).”

In Re: Amendments to The Florida Rules of Jud. Admin. The Florida Rules of Crim. Procedure & The Florida Rules Of Appellate Procedure—Capital Postconviction Rules (Fla. 2014). · cites it 4× “This new rule is intended to assist the Clerk of this Court in complying with section 922.052, Florida Statutes (2013).”

Victor Tony Jones v. State of Florida & Victor Tony Jones v. Sec'y, Dep't of Corr. (Fla. 2025). · cites it 2× “As required by section 922.052(2)(a), Florida Statutes (2013), the Clerk of this Court certified to the Governor on October 4, 2013, that Jones had completed his direct appeal and initial postconviction proceedings in state court and his habeas corpus proceedings and appeal…”

Show all 16 citing cases →

— 922.052(2) — 1 case

Chadwick Willacy v. State of Florida & Chadwick Willacy v. State of Florida (Fla. 2026).

— 922.052(2)(a) — 3 cases

Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida, 132 So. 3d 176 (Fla. 2014). “As noted earlier, the constitutionality of the amendments to section 922.052, Florida Statutes (2013), is not determined in this proceeding and our affirmance of the circuit court‟s denial of postconviction relief is not a ruling on the merits concerning the constitutionality of…”

Dane P. Abdool v. Pam Bondi, etc., 141 So. 3d 529 (Fla. 2014). “See § 922.052, Fla. Stat. (2012); see also Cave v.”

Victor Tony Jones v. State of Florida & Victor Tony Jones v. Sec'y, Dep't of Corr. (Fla. 2025). “As required by section 922.052(2)(a), Florida Statutes (2013), the Clerk of this Court certified to the Governor on October 4, 2013, that Jones had completed his direct appeal and initial postconviction proceedings in state court and his habeas corpus proceedings and appeal…”

— 922.052(2)(b) — 5 cases

Jose Antonio Jimenez v. State of Florida & SC18-1321 Jose Antonio Jimenez v. State of Florida, 265 So. 3d 462 (Fla. 2018). “See § 922.052(2)(b), Fla. Stat. (2018); Abdool, 141 So.”

Dane P. Abdool v. Pam Bondi, etc., 141 So. 3d 529 (Fla. 2014). “See § 922.052, Fla. Stat. (2012); see also Cave v.”

Robert L. Henry v. State of Florida, 134 So. 3d 938 (Fla. 2014). “851; the denial of his motion to declare section 922.052, Florida Statutes (2013), unconstitutional; and his motion to dismiss his death warrant.”

Michael A. Tanzi v. State of Florida; Michael A. Tanzi v. Sec'y, Dep't of Corr. & Michael A. Tanzi v. Sec'y, Dep't of Corr. (Fla. 2025). “Here, Tanzi has made no new challenge to the statute, nor has Tanzi made any argument that the Governor has violated the requirements of section 922.052(2)(b), Florida Statutes (2024).”

— 922.052(2)(c) — 2 cases

Dane P. Abdool v. Pam Bondi, etc., 141 So. 3d 529 (Fla. 2014). “See § 922.052, Fla. Stat. (2012); see also Cave v.”

— 922.052(3) — 1 case

— 922.052(4) — 1 case

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