Florida Statute 922.07 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 922.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 922.07.

Annotations, Discussions, Cases:

Cases Citing Statute 922.07

Total Results: 20

Duane Eugene Owen v. State of Florida

Court: Fla. | Date Filed: 2023-06-09T00:00:00-07:00

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

Duane Eugene Owen v. State of Florida

Court: Fla. | Date Filed: 2023-06-05T00:00:00-07:00

Snippet: that Owen appears to be insane. Following section 922.07, Florida Statutes (2022), the Governor appointed…18 - relevant only to his invocation of section 922.07(1), Florida Statutes, 20 and his appeal of the

John Ruthell Henry v. State of Florida

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

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

Snippet: determination of Henry’s competency under section 922.07, Florida Statutes (2013). Under this statute, the…and why it is to be imposed upon him or her.” § 922.07(1), Fla. Stat. (2013). Subsequently, postconviction…Henry to determine his competency under section 922.07 and concluded as follows: Mr. Henry was fully

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

Gore v. State

Court: Fla. | Date Filed: 2013-08-13T00:00:00-07:00

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

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

Barnes v. State

Court: Fla. | Date Filed: 2013-06-27T00:00:00-07:00

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

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

Simmons v. State

Court: Fla. | Date Filed: 2012-10-18T00:00:00-07:00

Citation: 105 So. 3d 475, 2012 WL 4936109

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

Ferguson v. State

Court: Fla. | Date Filed: 2012-10-17T00:00:00-07:00

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

Snippet: incompetent to be executed. As required by section 922.07, Florida Statutes (2012), the Governor temporarily…v. State, 27 So.3d 11, 26 n. 8 (Fla.) (citing § 922.07(3), Fla. Stat. (2009)), cert. denied, — U.S. -,

INGENIX v. Ham

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-05T00:00:00-07:00

Citation: 35 So. 3d 949, 2010 Fla. App. LEXIS 6150, 2010 WL 1780012

Snippet: court, the Estate represented that it incurred $543,922.07 in attorney's fees and costs, which equaled

Grossman v. State

Court: Fla. | Date Filed: 2010-02-08T00:00:00-08:00

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

Snippet: that the claim was premature under both section 922.07, Florida Statutes (2009), and Florida Rule of Criminal… appropriate Florida statutes." See also § 922.07, Fla. Stat. (2009) (outlining procedures for Governor…this claim because under rule 3.811(c) and section 922.07, Grossman must exhaust his administrative remedies

Johnston v. State

Court: Fla. | Date Filed: 2010-01-21T00:00:00-08:00

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

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

Philmore v. State

Court: Fla. | Date Filed: 2006-06-15T00:53:00-07:00

Citation: 937 So. 2d 578

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

Knight v. State

Court: Fla. | Date Filed: 2005-11-02T23:53:00-08:00

Citation: 923 So. 2d 387

Snippet: and that this claim is not ripe under F.Stat. [§ ]922.07 at this time and that the issue is being raised

Griffin v. State

Court: Fla. | Date Filed: 2004-01-28T23:53:00-08:00

Citation: 866 So. 2d 1

Snippet: executed while insane to be executed." Section 922.07(1), Florida Statutes (2002), also provides that

Davis v. State

Court: Fla. | Date Filed: 2003-11-19T23:53:00-08:00

Citation: 875 So. 2d 359

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

Florida Department of Corrections v. Watts

Court: Fla. | Date Filed: 2001-11-08T00:00:00-08:00

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

Snippet: required to conduct certain proceedings. See § 922.07, Fla. Stat. (2000). If the Governor determines …Corrections mental health treatment facility.” Id. § 922.07(3) (emphasis added). Moreover, the statute requires…that he or she has been restored to sanity.” Id. § 922.07(4). Thus, it is the responsibility of the executive

Provenzano v. State

Court: Fla. | Date Filed: 1999-08-26T00:00:00-07:00

Citation: 751 So. 2d 37

Snippet: executed, pursuant to section 922.07, Florida Statutes (1997). Section 922.07 states: Proceedings when person…of insanity to the Governor, pursuant to section 922.07, Florida Statutes (1997). In order to prevent the… as to when a claim must be filed under section 922.07 in those cases where there is knowledge that such…Martin v. Dugger, 686 F.Supp. 1523 (M.D.Fla.1988); § 922.07, Fla. Stat. In Florida, a person is considered …competency to be executed can be determined. See § 922.07, Fla. Stat. After the Governor's proceedings

Alvord v. State

Court: Fla. | Date Filed: 1997-04-10T00:00:00-07:00

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

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

Medina v. State

Court: Fla. | Date Filed: 1997-02-09T23:53:00-08:00

Citation: 690 So. 2d 1241

Snippet: executed. The letter invoked the provisions of section 922.07, Florida Statutes (1995), which sets forth an executive…of competence for execution. Pursuant to section 922.07, the Governor appointed a commission of three psychiatrists

Alvord v. Dugger

Court: Fla. | Date Filed: 1989-02-08T23:53:00-08:00

Citation: 541 So. 2d 598

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