Florida Statutes

Fla. Stat. § 922.07 (2025)

Proceedings when person under sentence of death appears to be insane.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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922.07 Proceedings when person under sentence of death appears to be insane.—

(1) When the Governor is informed that a person under sentence of death may be insane, the Governor shall stay execution of the sentence and appoint a commission of three psychiatrists to examine the convicted person. The Governor shall notify the psychiatrists in writing that they are to examine the convicted person to determine whether he or she understands the nature and effect of the death penalty and why it is to be imposed upon him or her. The examination of the convicted person shall take place with all three psychiatrists present at the same time. Counsel for the convicted person and the state attorney may be present at the examination. If the convicted person does not have counsel, the court that imposed the sentence shall appoint counsel to represent him or her.

(2) After receiving the report of the commission, if the Governor decides that the convicted person has the mental capacity to understand the nature of the death penalty and the reasons why it was imposed upon him or her, the Governor shall immediately lift the stay and notify the Attorney General of such action. Within 10 days after such notification, the Governor must set the new date for execution of the death sentence. When the new date for execution of the death sentence is set by the Governor under this subsection, the Attorney General shall notify the inmate’s counsel of record of the date and time of execution.

(3) If the Governor decides that the convicted person does not have the mental capacity to understand the nature of the death penalty and why it was imposed on him or her, the Governor shall have the convicted person committed to a Department of Corrections mental health treatment facility.

(4) When a person under sentence of death has been committed to a Department of Corrections mental health treatment facility, he or she shall be kept there until the facility administrator determines that he or she has been restored to sanity. The facility administrator shall notify the Governor of his or her determination, and the Governor shall appoint another commission to proceed as provided in subsection (1).

(5) The Governor shall allow reasonable fees to psychiatrists appointed under the provisions of this section which shall be paid by the state.

History.—s. 268, ch. 19554, 1939; CGL 1940 Supp. 8663(278); s. 134, ch. 70-339; s. 1, ch. 85-193; s. 3, ch. 96-213; s. 1839, ch. 97-102.

Notes of Decisions

Cited in 57 cases (6 in the last 5 years), 1950–2025 · leading case: Ford v. Wainwright, 477 U.S. 399 (1986).

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Ford v. Wainwright, 477 U.S. 399 (1986). · cites it 18× “Counsel for Ford invoked the procedures of Florida law governing the determination of competency of a condemned inmate, Fla. Stat. § 922.07 (1985). Following the procedures set forth in the statute, the Governor of Florida appointed a panel of three psychiatrists to evaluate…”

Martin v. Dugger, 686 F. Supp. 1523 (S.D. Fla. 1988). · cites it 35× “2d 335 (1986), the Supreme Court struck down the procedures outlined in Fla.Stat.Ann. § 922.07 (West 1985). 6 This section instructed the Florida governor, upon request by the prisoner, to *1543 appoint a panel of three psychologists to evaluate the prisoner’s mental state.”

Warren Lee Hill, Jr. v. Carl Humphrey, 662 F.3d 1335 (11th Cir. 2011). · cites it 4× “at 2598 (referring to Fla. Stat. § 922.07 (1985) (proceedings when person under sentence of death appears to be insane); see also Goode v.”

In re: John Ruthell Henry, 757 F.3d 1151 (11th Cir. 2014). · cites it 4× “(3) If the Governor decides that the convicted person does not have the mental capacity to understand the nature of the death penalty and why it was imposed on him or her, the Governor shall have the convicted person committed to a Department of Corrections mental health…”

Provenzano v. State, 751 So. 2d 37 (Fla. 1999). · cites it 13× “When counsel for a death-sentenced individual has reason to believe that his or her client may be insane for purposes of execution, counsel may initiate proceedings with the Governor of Florida so that the individual's competency to be executed can be determined.”

Ford v. Wainwright, 451 So. 2d 471 (Fla. 1984). · cites it 8× “The reports of the psychiatrists were submitted to the Governor, and he signed a death warrant for petitioner on April 30, 1984, requiring petitioner to be executed between noon on May 25, 1984, and noon on June 1, 1984.”

Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida, 132 So. 3d 176 (Fla. 2014). · cites it 4× “See § 922.07, Fla. Stat. (2013); Fla. R. Crim.”

John Ferguson v. Sec'y, Florida Dep't of Corr., 716 F.3d 1315 (11th Cir. 2013). · cites it 4× “Ferguson requested a hearing on his competency to be executed, and, as required by Fla. Stat. § 922.07 , the Governor temporarily stayed the execution and appointed a commission of three psychiatrists.”

Martin v. Dugger, 515 So. 2d 185 (Fla. 1987). · cites it 21× “We directed Martin's counsel to follow the procedures set out in section 922.07, Florida Statutes (1985), and in rule 3.”

Griffin v. State, 866 So. 2d 1 (Fla. 2004). · cites it 2× “" Section 922.07(1), Florida Statutes (2002), also provides that the Governor shall stay the execution when he is informed that the person under a death sentence may be insane.”

Ferguson v. State, 112 So. 3d 1154 (Fla. 2012). · cites it 4× “As required by section 922.07, Florida Statutes (2012), the Governor temporarily stayed Ferguson’s execution on September 26, 2012, and appointed a commission of three psychiatrists to examine Ferguson.”

Johnston v. State, 27 So. 3d 11 (Fla. 2010). · cites it 2× “See § 922.07(3), Fla. Stat. (2009); Provenzano v.”

Show all 57 citing cases →

— 922.07(1) — 8 cases

Griffin v. State, 866 So. 2d 1 (Fla. 2004). “" Section 922.07(1), Florida Statutes (2002), also provides that the Governor shall stay the execution when he is informed that the person under a death sentence may be insane.”

Goode v. Wainwright, 448 So. 2d 999 (Fla. 1984).

John Ruthell Henry v. State of Florida, 141 So. 3d 557 (Fla. 2014).

Duane Eugene Owen v. State of Florida (Fla. 2023).

Jeffrey G. Hutchinson v. State of Florida & Jeffrey G. Hutchinson v. Sec'y, Dep't of Corr. (Fla. 2025).

— 922.07(2) — 2 cases

Martin v. Wainwright, 497 So. 2d 872 (Fla. 1986).

Ford ex rel. Ford v. Wainwright, 752 F.2d 526 (11th Cir. 1985).

— 922.07(3) — 6 cases

Johnston v. State, 27 So. 3d 11 (Fla. 2010). “See § 922.07(3), Fla. Stat. (2009); Provenzano v.”

Simmons v. State, 105 So. 3d 475 (Fla. 2012).

Ferguson v. State, 112 So. 3d 1154 (Fla. 2012). “As required by section 922.07, Florida Statutes (2012), the Governor temporarily stayed Ferguson’s execution on September 26, 2012, and appointed a commission of three psychiatrists to examine Ferguson.”

Martin v. Dugger, 686 F. Supp. 1523 (S.D. Fla. 1988). “2d 335 (1986), the Supreme Court struck down the procedures outlined in Fla.Stat.Ann. § 922.07 (West 1985). 6 This section instructed the Florida governor, upon request by the prisoner, to *1543 appoint a panel of three psychologists to evaluate the prisoner’s mental state.”

Barnes v. State, 124 So. 3d 904 (Fla. 2013).

— 922.07(4) — 1 case

Florida Dep't of Corr. v. Watts, 800 So. 2d 225 (Fla. 2001).

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