Florida Statute 922.07 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 922
EXECUTION

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F.S. 922.07

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.

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Amendments to 922.07

Annotations, Discussions, Cases:

Cases Citing Statute 922.07

Total Results: 49

Warren Lee Hill, Jr. v. Carl Humphrey

662 F.3d 1335, 2011 U.S. App. LEXIS 23335, 2011 WL 5841715

Court of Appeals for the Eleventh Circuit | Filed: Nov 22, 2011 | Docket: 1022303

Cited 194 times | Published

403, 106 S.Ct. at 2598 (referring to Fla. Stat. § 922.07 (1985) (proceedings when person under sentence

Griffin v. State

866 So. 2d 1, 2003 WL 22207901

Supreme Court of Florida | Filed: Jan 29, 2004 | Docket: 1680168

Cited 133 times | Published

not be executed while insane to be executed." Section 922.07(1), Florida Statutes (2002), also provides

In Re: Pedro Medina

109 F.3d 1556, 1997 U.S. App. LEXIS 6187, 1997 WL 136388

Court of Appeals for the Eleventh Circuit | Filed: Mar 24, 1997 | Docket: 1088253

Cited 57 times | Published

1996, counsel for Medina invoked Florida Statutes § 922.07, representing that Medina might be incompetent

Johnston v. State

27 So. 3d 11, 35 Fla. L. Weekly Supp. 64, 2010 Fla. LEXIS 62, 35 Fla. L. Weekly Fed. S 64

Supreme Court of Florida | Filed: Jan 21, 2010 | Docket: 1665077

Cited 41 times | Published

the death penalty and why it was imposed. See § 922.07(3), Fla. Stat. (2009); Provenzano v. State, 760

Jackson v. State

452 So. 2d 533

Supreme Court of Florida | Filed: Jun 12, 1984 | Docket: 474513

Cited 32 times | Published

and aside from that determination made under section 922.07, Florida Statutes (1983), by the governor's

Simmons v. State

105 So. 3d 475, 2012 WL 4936109

Supreme Court of Florida | Filed: Oct 18, 2012 | Docket: 60227856

Cited 25 times | Published

the death penalty and why it was imposed. See § 922.07(3), Fla. Stat. (2009); Provenzano v. State, 760

Ford v. Wainwright

451 So. 2d 471

Supreme Court of Florida | Filed: May 25, 1984 | Docket: 2457954

Cited 25 times | Published

mental competency were instituted pursuant to section 922.07, Florida Statutes (1983). As required by this

Davis v. State

875 So. 2d 359, 2003 WL 22722316

Supreme Court of Florida | Filed: Nov 20, 2003 | Docket: 111

Cited 22 times | Published

Hunter v. State, 817 So.2d 786, 799 (Fla. 2002); § 922.07, Fla. Stat. (2003); Fla. R.Crim. P. 3.811. Finally

Martin v. Dugger

686 F. Supp. 1523, 1988 U.S. Dist. LEXIS 5301, 1988 WL 55853

District Court, S.D. Florida | Filed: Jun 1, 1988 | Docket: 793232

Cited 19 times | Published

down the procedures outlined in Fla.Stat.Ann. § 922.07 (West 1985).[6] This section instructed the Florida

Provenzano v. State

751 So. 2d 37, 1999 WL 649157

Supreme Court of Florida | Filed: Aug 26, 1999 | Docket: 1310088

Cited 14 times | Published

executed, pursuant to section 922.07, Florida Statutes (1997). Section 922.07 states: Proceedings when

Medina v. State

690 So. 2d 1241, 1997 WL 50518

Supreme Court of Florida | Filed: Feb 10, 1997 | Docket: 436504

Cited 14 times | Published

executed. The letter invoked the provisions of section 922.07, Florida Statutes (1995), which sets forth

Hall v. Seaboard Maritime Corporation

104 So. 2d 384

District Court of Appeal of Florida | Filed: Jul 8, 1958 | Docket: 1312672

Cited 13 times | Published

[5] Fla. 1950, 46 So.2d 17. [6] 33 U.S.C.A. § 922. [7] Texas Employers' Ins. Ass'n v. Sheppeard, D

Gore v. Crews

720 F.3d 811, 2013 U.S. App. LEXIS 13453, 2013 WL 3233303

Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 2013 | Docket: 65660126

Cited 12 times | Published

2013, the Governor, as required by Fla. Stat. § 922.07, appointed a commission of three psychiatrists

Goode v. Wainwright

731 F.2d 1482, 1984 U.S. App. LEXIS 23869

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 1984 | Docket: 784522

Cited 12 times | Published

denial of the writ. Then, pursuant to Florida Statute 922.07, the governor of Florida entered an executive

Barnes v. State

124 So. 3d 904, 38 Fla. L. Weekly Supp. 490, 2013 WL 3214422, 2013 Fla. LEXIS 1313

Supreme Court of Florida | Filed: Jun 27, 2013 | Docket: 60235576

Cited 9 times | Published

death penalty and why it is being imposed. See § 922.07(3), Florida Statutes (2012); Johnston v. State

Alvord v. Dugger

541 So. 2d 598, 1989 WL 50149

Supreme Court of Florida | Filed: Feb 9, 1989 | Docket: 1516530

Cited 9 times | Published

separate from the existing procedure under section 922.07, Florida Statutes (1983). This Court denied

Martin v. State

515 So. 2d 189, 12 Fla. L. Weekly 564

Supreme Court of Florida | Filed: Nov 10, 1987 | Docket: 1749268

Cited 9 times | Published

then certified his competency to be executed. See § 922.07, Fla. Stat. (1987). Martin sought review in circuit

Goode v. Wainwright

448 So. 2d 999

Supreme Court of Florida | Filed: Apr 2, 1984 | Docket: 2522275

Cited 9 times | Published

eighth amendment. The governor, pursuant to section 922.07(1), Florida Statutes (1983), caused Goode to

Philmore v. State

937 So. 2d 578, 2006 WL 1641932

Supreme Court of Florida | Filed: Jun 15, 2006 | Docket: 2518696

Cited 8 times | Published

defendant must submit this claim in accordance with section 922.07, Florida Statutes (2005). Philmore raises this

In Re Emergency Amendment to Florida Rules

497 So. 2d 643, 11 Fla. L. Weekly 577

Supreme Court of Florida | Filed: Nov 13, 1986 | Docket: 1240359

Cited 8 times | Published

Procedure for raising. When proceedings under section 922.07, Florida Statutes (1985), are initiated, and

John Ferguson v. Secretary, Florida Department of Corrections

716 F.3d 1315, 2013 WL 2157858, 2013 U.S. App. LEXIS 10161

Court of Appeals for the Eleventh Circuit | Filed: May 21, 2013 | Docket: 900542

Cited 7 times | Published

to be exécuted, and, as required by Fla. Stat. § 922.07, the Governor temporarily stayed the execution

Pericola v. State

499 So. 2d 864, 11 Fla. L. Weekly 2555

District Court of Appeal of Florida | Filed: Dec 5, 1986 | Docket: 1443764

Cited 5 times | Published

execution of the death penalty by the Governor. Section 922.07, Florida Statutes (1969), set forth the procedures

Martin v. Wainwright

497 So. 2d 872, 12 Fla. L. Weekly 89

Supreme Court of Florida | Filed: Nov 13, 1986 | Docket: 1295476

Cited 5 times | Published

initiate the sanity proceedings set out in section 922.07, Florida Statutes (1985),[1] and, if necessary

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

132 So. 3d 176

Supreme Court of Florida | Filed: Jan 3, 2014 | Docket: 400989

Cited 4 times | Published

should have been produced.17 17. See § 922.07, Fla. Stat. (2013); Fla. R. Crim. P. 3.811 and

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

132 So. 3d 176

Supreme Court of Florida | Filed: Jan 3, 2014 | Docket: 400989

Cited 4 times | Published

should have been produced.17 17. See § 922.07, Fla. Stat. (2013); Fla. R. Crim. P. 3.811 and

Grossman v. State

29 So. 3d 1034, 35 Fla. L. Weekly Supp. 93, 2010 Fla. LEXIS 176, 2010 WL 424912

Supreme Court of Florida | Filed: Feb 8, 2010 | Docket: 1136521

Cited 4 times | Published

ground that the claim was premature under both section 922.07, Florida Statutes (2009), and Florida Rule

In re: John Ruthell Henry

757 F.3d 1151, 2014 WL 2748288, 2014 U.S. App. LEXIS 11398

Court of Appeals for the Eleventh Circuit | Filed: Jun 17, 2014 | Docket: 351397

Cited 3 times | Published

Mr. Henry’s fitness to be executed pursuant to § 922.07 of the Florida Statutes. See Henry v. State, No

Ferguson v. State

112 So. 3d 1154, 37 Fla. L. Weekly Supp. 633, 2012 WL 7989528, 2012 Fla. LEXIS 2068

Supreme Court of Florida | Filed: Oct 17, 2012 | Docket: 60230978

Cited 3 times | Published

incompetent to be executed. As required by section 922.07, Florida Statutes (2012), the Governor temporarily

Martin v. Dugger

515 So. 2d 185, 12 Fla. L. Weekly 542

Supreme Court of Florida | Filed: Oct 28, 1987 | Docket: 1468360

Cited 3 times | Published

counsel to follow the procedures set out in section 922.07, Florida Statutes (1985), and in rule 3.811

Gore v. State

120 So. 3d 554, 38 Fla. L. Weekly Supp. 603, 2013 WL 4052870, 2013 Fla. LEXIS 1683

Supreme Court of Florida | Filed: Aug 13, 2013 | Docket: 60234142

Cited 2 times | Published

Gore is insane to be executed. Pursuant to section 922.07, Florida Statutes (2012), the Governor temporarily

Florida Department of Corrections v. Watts

800 So. 2d 225, 26 Fla. L. Weekly Supp. 743, 2001 Fla. LEXIS 2264, 2001 WL 1380024

Supreme Court of Florida | Filed: Nov 8, 2001 | Docket: 64810295

Cited 1 times | Published

statutorily required to conduct certain proceedings. See § 922.07, Fla. Stat. (2000). If the Governor determines

Alvord v. State

459 So. 2d 316

Supreme Court of Florida | Filed: Nov 21, 1984 | Docket: 1282421

Cited 1 times | Published

Governor of Florida invoked the provisions of section 922.07, Florida Statutes (1979), and directed that

Jeffrey G. Hutchinson v. State of Florida

Supreme Court of Florida | Filed: Apr 30, 2025 | Docket: 70009165

Published

“insane” under section 922.07, Florida Statutes (2024). As required by that statute, see § 922.07(1), the

Jeffrey G. Hutchinson v. State of Florida & Jeffrey G. Hutchinson v. Secretary, Department of Corrections

Supreme Court of Florida | Filed: Apr 25, 2025 | Docket: 69942878

Published

Governor DeSantis to find him insane under section 922.07, Florida Statutes (2024) (giving the Governor

Jeffrey G. Hutchinson v. State of Florida & Jeffrey G. Hutchinson v. Secretary, Department of Corrections

Supreme Court of Florida | Filed: Apr 25, 2025 | Docket: 69942878

Published

Governor DeSantis to find him insane under section 922.07, Florida Statutes (2024) (giving the Governor

Duane Eugene Owen v. State of Florida

Supreme Court of Florida | Filed: Jun 9, 2023 | Docket: 67490443

Published

Owen is insane to be executed. Following section 922.07, Florida Statutes (2022), the Governor appointed

Duane Eugene Owen v. State of Florida

Supreme Court of Florida | Filed: Jun 5, 2023 | Docket: 67476254

Published

stating that Owen appears to be insane. Following section 922.07, Florida Statutes (2022), the Governor appointed

John Ruthell Henry v. State of Florida

141 So. 3d 557, 39 Fla. L. Weekly Supp. 411, 2014 WL 2609114, 2014 Fla. LEXIS 1886

Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 59105

Published

a determination of Henry’s competency under section 922.07, Florida Statutes (2013). Under this statute

John Ferguson v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: May 21, 2013 | Docket: 2903133

Published

to be executed, and, as required by Fla. Stat. § 922.07, the Governor temporarily stayed the execution

Marshall Lee Gore v. Micheal D. Crews

Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 2012 | Docket: 2904459

Published

2013, the Governor, as required by Fla. Stat. § 922.07, appointed a commission of three psychiatrists

Warren Lee Hill, Jr. v. Carl Humphrey

Court of Appeals for the Eleventh Circuit | Filed: Nov 22, 2011 | Docket: 2905453

Published

403, 106 S. Ct. at 2598 (referring to Fla. Stat. § 922.07 (1985) (proceedings when person under sentence

Warren Lee Hill, Jr. v. Carl Humphrey

Court of Appeals for the Eleventh Circuit | Filed: Nov 22, 2011 | Docket: 649973

Published

403, 106 S. Ct. at 2598 (referring to Fla. Stat. § 922.07 (1985) (proceedings when person under sentence

Alvord v. State

694 So. 2d 704, 22 Fla. L. Weekly Supp. 190, 1997 Fla. LEXIS 334, 1997 WL 166243

Supreme Court of Florida | Filed: Apr 10, 1997 | Docket: 64774061

Published

ordered a competency evaluation pursuant to section 922.07, Florida Statutes (1983). Alvord then filed

Medina v. Singletary

960 F. Supp. 275, 1997 U.S. Dist. LEXIS 10790, 1997 WL 142125

District Court, M.D. Florida | Filed: Mar 24, 1997 | Docket: 1020528

Published

December 5, 1996. On December 2, 1996, pursuant to section 922.07, Florida Statutes (1995), Petitioner wrote

Martin v. Singletary

795 F. Supp. 1572, 1992 U.S. Dist. LEXIS 7836, 1992 WL 133482

District Court, S.D. Florida | Filed: May 8, 1992 | Docket: 65979196

Published

initiate the sanity proceedings set out in Fla.Stat. § 922.07 if he wished to pursue the claim further. Martin

Adams v. Wainwright

484 So. 2d 580, 11 Fla. L. Weekly 93, 1986 Fla. LEXIS 3053

Supreme Court of Florida | Filed: Mar 3, 1986 | Docket: 64617865

Published

appointed by the governor under the authority of section 922.07, Florida Statutes (1985). We have jurisdiction

Ford ex rel. Ford v. Wainwright

752 F.2d 526

Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 1985 | Docket: 66203634

Published

procedure Ford invoked the procedures of Fla.Stat. § 922.07 (1983). The Florida governor appointed a commission

Ford v. Strickland

734 F.2d 538

Court of Appeals for the Eleventh Circuit | Filed: May 30, 1984 | Docket: 66197350

Published

habeas corpus petition, the governor began his § 922.07 inquiry. On March 6, 1984, Goode filed a habeas

Goode v. Wainwright

731 F.2d 1482

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 1984 | Docket: 66196878

Published

the denial of the writ. Then, pursuant to Florida Statute 922.07, the governor of Florida entered an executive