Florida Statute 922.105 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 922
EXECUTION

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F.S. 922.105

922.105 Execution of death sentence; prohibition against reduction of death sentence as a result of determination that a method of execution is unconstitutional.—

(1) A death sentence shall be executed by lethal injection, unless the person sentenced to death affirmatively elects to be executed by electrocution. The sentence shall be executed under the direction of the Secretary of Corrections or the secretary’s designee.

(2) A person convicted and sentenced to death for a capital crime at any time shall have one opportunity to elect that his or her death sentence be executed by electrocution. The election for death by electrocution is waived unless it is personally made by the person in writing and delivered to the warden of the correctional facility within 30 days after the issuance of mandate pursuant to a decision by the Florida Supreme Court affirming the sentence of death or, if mandate issued before the effective date of this act, the election must be made and delivered to the warden within 30 days after the effective date of this act. If a warrant of execution is pending on the effective date of this act, or if a warrant is issued within 30 days after the effective date of this act, the person sentenced to death who is the subject of the warrant shall have waived election of electrocution as the method of execution unless a written election signed by the person is submitted to the warden of the correctional facility no later than 48 hours after a new date for execution of the death sentence is set by the Governor under s. 922.06.

(3) If electrocution or lethal injection is held to be unconstitutional by the Florida Supreme Court under the State Constitution, or held to be unconstitutional by the United States Supreme Court under the United States Constitution, or if the United States Supreme Court declines to review any judgment holding a method of execution to be unconstitutional under the United States Constitution made by the Florida Supreme Court or the United States Court of Appeals that has jurisdiction over Florida, all persons sentenced to death for a capital crime shall be executed by any constitutional method of execution.

(4) The provisions of the opinion and all points of law decided by the United States Supreme Court in Malloy v. South Carolina, 237 U.S. 180 (1915), finding that the Ex Post Facto Clause of the United States Constitution is not violated by a legislatively enacted change in the method of execution for a sentence of death validly imposed for previously committed capital murders, are adopted by the Legislature as the law of this state.

(5) A change in the method of execution does not increase the punishment or modify the penalty of death for capital murder. Any legislative change to the method of execution for the crime of capital murder does not violate s. 10, Art. I or s. 9, Art. X of the State Constitution.

(6) Notwithstanding any law to the contrary, a person authorized by state law to prescribe medication and designated by the Department of Corrections may prescribe the drug or drugs necessary to compound a lethal injection. Notwithstanding any law to the contrary, a person authorized by state law to prepare, compound, or dispense medication and designated by the Department of Corrections may prepare, compound, or dispense a lethal injection. Notwithstanding chapter 401, chapter 458, chapter 459, chapter 464, chapter 465, or any other law to the contrary, for purposes of this section, prescription, preparation, compounding, dispensing, and administration of a lethal injection does not constitute the practice of medicine, nursing, or pharmacy.

(7) The policies and procedures of the Department of Corrections for execution of persons sentenced to death shall be exempt from chapter 120.

(8) Notwithstanding s. 775.082(2), s. 775.15(1), or s. 790.161(4), or any other provision to the contrary, no sentence of death shall be reduced as a result of a determination that a method of execution is declared unconstitutional under the State Constitution or the Constitution of the United States. In any case in which an execution method is declared unconstitutional, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method of execution.

(9) Nothing contained in this chapter is intended to require any physician, nurse, pharmacist, or employee of the Department of Corrections or any other person to assist in any aspect of an execution which is contrary to the person’s moral or ethical beliefs.

History.—s. 1, ch. 98-3; s. 2, ch. 2000-2; s. 2, ch. 2005-110.

F.S. 922.105 on Google Scholar

F.S. 922.105 on Casetext

Amendments to 922.105

Arrestable Offenses / Crimes under Fla. Stat. 922.105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 922.105.

Annotations, Discussions, Cases:

Cases Citing Statute 922.105

Total Results: 18

& SC17-246 Eric Kurt Patrick v. State of Florida and Eric Kurt Patrick v. Julie L. Jones, etc. - Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2018-06-14

Snippet: present available mitigation evidence; (6) section 922.105, Florida Statutes (2014), and Florida’s existing

& SC17-246 Eric Kurt Patrick v. State of Florida and Eric Kurt Patrick v. Julie L. Jones, etc

Court: Supreme Court of Florida | Date Filed: 2018-06-14

Citation: 246 So. 3d 253

Snippet: present available mitigation evidence; (6) section 922.105, Florida Statutes (2014), and Florida’s existing

& SC16-922 Terry Marvin Ellerbee, Jr. v. State of Florida & Terry Marvin Ellerbee, Jr. v. Julie L. Jones, etc.

Court: Supreme Court of Florida | Date Filed: 2017-12-21

Snippet: available mitigation evidence; and (8) section 922.105, Florida Statutes (2016), which governs execution

Dane P. Abdool v. Pam Bondi, etc.

Court: Supreme Court of Florida | Date Filed: 2014-06-12

Citation: 141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887

Snippet: by which a death sentence shall be executed); § 922.105(1), Fla. Stat. (2013) (requiring that a “death

Ferguson v. State

Court: Supreme Court of Florida | Date Filed: 2012-10-08

Citation: 101 So. 3d 362, 37 Fla. L. Weekly Supp. 627, 2012 WL 4760710, 2012 Fla. LEXIS 1951

Snippet: claim on appeal, Ferguson argues that section 922.105, Florida Statutes (2006), constitutes an unconstitutional

Darling v. State

Court: Supreme Court of Florida | Date Filed: 2010-07-01

Citation: 45 So. 3d 444, 35 Fla. L. Weekly Supp. 389, 2010 Fla. LEXIS 1050, 2010 WL 2606029

Snippet: lethal injection is held to be unconstitutional. § 922.105(3), Fla. Stat. (2009). Similarly, if a particular

Power v. State

Court: Supreme Court of Florida | Date Filed: 2008-09-25

Citation: 992 So. 2d 218, 2008 WL 4346412

Snippet: Power argued at the circuit court that section 922.105, Florida Statutes (2006), violates the separation

Lightbourne v. McCollum

Court: Supreme Court of Florida | Date Filed: 2007-11-01

Citation: 969 So. 2d 326, 2007 WL 3196533

Snippet: See ch.2000-1, § 1, Laws of Fla.[17] Section 922.105(1) now provides: "A *342 death sentence shall be

Preston v. State

Court: Supreme Court of Florida | Date Filed: 2007-05-31

Citation: 970 So. 2d 789, 2007 WL 1556649

Snippet: execution prior to the 2000 amendment to section 922.105, Florida Statutes, Preston could not have challenged

Diaz v. State

Court: Supreme Court of Florida | Date Filed: 2006-12-08

Citation: 945 So. 2d 1136, 2006 WL 3530471

Snippet: challenges Florida's lethal injection statute, section 922.105, Florida Statutes (2006), on several grounds. He

Moore v. State

Court: Supreme Court of Florida | Date Filed: 2002-03-07

Citation: 820 So. 2d 199, 2002 WL 348205

Snippet: S.Ct. 1087, 84 L.Ed.2d 53 (1985); (8) section 922.105(1)-(2), Florida Statutes (1999), violates the constitutional

Johnson v. State

Court: Supreme Court of Florida | Date Filed: 2001-10-25

Citation: 804 So. 2d 1218, 2001 WL 1285006

Snippet: electrocution and lethal injection. See §§ 922.10, 922.105, Fla. Stat. (2000). However, this Court has also

Farina v. State

Court: Supreme Court of Florida | Date Filed: 2001-08-16

Citation: 801 So. 2d 44, 2001 WL 920230

Snippet: elects to be executed by electrocution. See § 922.105, Fla. Stat. (2000). Therefore, we find no merit

Bryant v. State

Court: Supreme Court of Florida | Date Filed: 2001-04-05

Citation: 785 So. 2d 422, 2001 WL 326697

Snippet: elects *438 to be executed by electrocution. See § 922.105, Fla. Stat. (2000). Accordingly, there is no merit

Holland v. State

Court: Supreme Court of Florida | Date Filed: 2000-10-05

Citation: 773 So. 2d 1065, 2000 WL 1472486

Snippet: the Legislature has amended sections 922.10 and 922.105, Florida Statutes, which now give capital inmates

Bryan v. State

Court: Supreme Court of Florida | Date Filed: 2000-02-22

Citation: 753 So. 2d 1244, 2000 WL 218114

Snippet: Florida (amending, among other things, section 922.105, Florida Statutes (1999)) is unconstitutional because

Sims v. State

Court: Supreme Court of Florida | Date Filed: 2000-02-16

Citation: 754 So. 2d 657, 2000 WL 193226

Snippet: with s. 922.105.... Section 2. Section 922.105, Florida Statutes, is amended to read: 922.105 Execution

Provenzano v. Moore

Court: Supreme Court of Florida | Date Filed: 1999-09-24

Citation: 744 So. 2d 413, 1999 WL 756012

Snippet: defendants shall be executed by lethal injection: 922.105 Execution of death sentence by lethal injection