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The 2025 Florida Statutes
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F.S. 922.105922.105 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, or if the acquisition of chemicals necessary for lethal injection by the department becomes impossible or impractical, all persons sentenced to death for a capital crime shall be executed by a method not deemed unconstitutional. (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; s. 6, ch. 2025-81.
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Annotations, Discussions, Cases:
Cases Citing Statute 922.105
Total Results: 18
754 So. 2d 657, 2000 WL 193226
Supreme Court of Florida | Filed: Feb 16, 2000 | Docket: 1523509
Cited 128 times | Published
accordance with s. 922.105....
Section 2. Section 922.105, Florida Statutes, is amended to read:
922
969 So. 2d 326, 2007 WL 3196533
Supreme Court of Florida | Filed: Nov 1, 2007 | Docket: 1726004
Cited 60 times | Published
injection. See ch.2000-1, § 1, Laws of Fla.[17] Section 922.105(1) now provides: "A *342 death sentence shall
801 So. 2d 44, 2001 WL 920230
Supreme Court of Florida | Filed: Aug 16, 2001 | Docket: 1495274
Cited 42 times | Published
affirmatively elects to be executed by electrocution. See § 922.105, Fla. Stat. (2000). Therefore, we find no merit
945 So. 2d 1136, 2006 WL 3530471
Supreme Court of Florida | Filed: Dec 8, 2006 | Docket: 2451610
Cited 38 times | Published
challenges Florida's lethal injection statute, section 922.105, Florida Statutes (2006), on several grounds
744 So. 2d 413, 1999 WL 756012
Supreme Court of Florida | Filed: Sep 24, 1999 | Docket: 1380740
Cited 36 times | Published
executed by any valid method of execution.
*440 § 922.105, Fla. Stat. (Supp.1998) (emphasis added).
The
820 So. 2d 199, 2002 WL 348205
Supreme Court of Florida | Filed: Mar 7, 2002 | Docket: 1715617
Cited 35 times | Published
105 S.Ct. 1087, 84 L.Ed.2d 53 (1985); (8) section 922.105(1)-(2), Florida Statutes (1999), violates the
141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887
Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 58814
Cited 28 times | Published
by which a death sentence shall be executed); § 922.105(1), Fla. Stat. (2013) (requiring that a “death
970 So. 2d 789, 2007 WL 1556649
Supreme Court of Florida | Filed: May 31, 2007 | Docket: 1695221
Cited 24 times | Published
of execution prior to the 2000 amendment to section 922.105, Florida Statutes, Preston could not have challenged
785 So. 2d 422, 2001 WL 326697
Supreme Court of Florida | Filed: Apr 5, 2001 | Docket: 1510173
Cited 22 times | Published
elects *438 to be executed by electrocution. See § 922.105, Fla. Stat. (2000). Accordingly, there is no merit
753 So. 2d 1244, 2000 WL 218114
Supreme Court of Florida | Filed: Feb 22, 2000 | Docket: 1433386
Cited 21 times | Published
of Florida (amending, among other things, section 922.105, Florida Statutes (1999)) is unconstitutional
992 So. 2d 218, 2008 WL 4346412
Supreme Court of Florida | Filed: Sep 25, 2008 | Docket: 2412228
Cited 13 times | Published
First, Power argued at the circuit court that section 922.105, Florida Statutes (2006), violates the separation
45 So. 3d 444, 35 Fla. L. Weekly Supp. 389, 2010 Fla. LEXIS 1050, 2010 WL 2606029
Supreme Court of Florida | Filed: Jul 1, 2010 | Docket: 2401095
Cited 12 times | Published
lethal injection is held to be unconstitutional. § 922.105(3), Fla. Stat. (2009). Similarly, if a particular
438 F.3d 1087, 2006 U.S. App. LEXIS 2287, 2006 WL 224123
Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 2006 | Docket: 398501
Cited 11 times | Published
option statute six years ago. See Fla. Stat. § 922.105(1) (as amended by 2000 Fla. Sess. Law Serv. Ch
840 F.3d 1268, 2016 U.S. App. LEXIS 19752, 2016 WL 6500595
Court of Appeals for the Eleventh Circuit | Filed: Nov 2, 2016 | Docket: 4485142
Cited 6 times | Published
compare Ala. Code § 15—18— 82.1,.with Fla. Stat. § 922.105 (2005). However, due to the scarcity of and secrecy
101 So. 3d 362, 37 Fla. L. Weekly Supp. 627, 2012 WL 4760710, 2012 Fla. LEXIS 1951
Supreme Court of Florida | Filed: Oct 8, 2012 | Docket: 60226268
Cited 4 times | Published
first claim on appeal, Ferguson argues that section 922.105, Florida Statutes (2006), constitutes an unconstitutional
Supreme Court of Florida | Filed: Jun 14, 2018 | Docket: 7173640
Published
present available mitigation
evidence; (6) section 922.105, Florida Statutes (2014), and Florida’s existing
246 So. 3d 253
Supreme Court of Florida | Filed: Jun 14, 2018 | Docket: 7159755
Published
present available mitigation
evidence; (6) section 922.105, Florida Statutes (2014), and Florida’s existing
Supreme Court of Florida | Filed: Dec 21, 2017 | Docket: 6245760
Published
present available mitigation evidence; and (8) section
922.105, Florida Statutes (2016), which governs execution
