922.10

Execution of death sentence; executioner.

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922.10 Execution of death sentence; executioner.—A death sentence shall be executed by electrocution, lethal injection, or a method not deemed unconstitutional in accordance with s. 922.105. The warden of the state prison shall designate the executioner. The warrant authorizing the execution shall be read to the convicted person immediately before execution.

History.—s. 271, ch. 19554, 1939; CGL 1940 Supp. 8663(281); ss. 19, 22, 35, ch. 69-106; s. 137, ch. 70-339; s. 4, ch. 92-310; s. 1, ch. 94-189; s. 437, ch. 96-406; s. 1, ch. 2000-2; s. 1, ch. 2003-272; s. 5, ch. 2025-81.

Notes of Decisions

Cited in 16 cases, 1978–2017 · leading case: Provenzano v. Moore

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Provenzano v. Moore (1999) fla · cites it 14× “§ 922.10, Fla. Stat. (1997). The statutory scheme makes no provision for an alternative method of execution, unless electrocution is declared unconstitutional.”

Stephens v. State (2001) fla · cites it 5× “2d 127 (1987); (9) the trial court erred in its assessment of aggravating and mitigating factors; (10) the trial court erred in failing to declare section 922.10, Florida Statutes (1997), unconstitutional; and (11) the trial court erred in failing to declare section 921.”

Jones v. State (1997) fla · cites it 9× “See § 922.10, Fla. Stat. (Supp.1996). In light of recent malfunctions in Florida's electric chair, this method of execution, in my opinion, entails unnecessary violence and mutilation and thus is unconstitutionally cruel on its facenot unlike the guillotine which was abandoned…”

John A. Spinkellink, 1 v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitation (1978) ca5 · cites it 3× “Fla.Stat.Ann. § 922.10. See id. § 922.11.”

Dane P. Abdool v. Pam Bondi, etc. (2014) fla · cites it 4× “(2013) (establishing procedures for a stay of execution); § 922.10, Fla. Stat. (2013) (establishing means by which a death sentence shall be executed); § 922.”

Bryan v. State (2000) fla · cites it 4× “" § 922.10 Fla. Stat. (1999). Bryan's claim that this exemption is not supported by a public necessity is likewise unavailing.”

Sims v. State (2000) fla · cites it 2× “105.... Section 2. Section 922.105, Florida Statutes, is amended to read: 922.”

Stephens v. State (2007) fla · cites it 2× “State, 622 So.2d 982 (Fla.1993). [7] Section 921.”

Esposito v. State (2000) ga · cites it 2× “, specially concurring); Fla.Stat.Ann. § 922.10 (as amended by 2000 Fla.”

Johnson v. State (2001) fla “See §§ 922.10, 922.105, Fla. Stat. (2000). However, this Court has also rejected claims that lethal injection is unconstitutional and that the application of the amended statute violates the ex post facto clause.”

Goode v. Wainwright (1984) fla · cites it 2× “The legislature has provided for the method of execution of a death sentence, section 922.10, Florida Statutes (1983), and the regulation of the execution, section 922.”

Ferguson v. State (1982) fla “§ 922.10 and .11, Fla. Stat. (Supp. 1978).”

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