Florida Statute 940.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 940
EXECUTIVE CLEMENCY

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F.S. 940.03

940.03 Application for executive clemency.—If a person intends to apply for remission of any fine or forfeiture or the commutation of any punishment, or for pardon or restoration of civil rights, he or she shall request an application form from the Florida Commission on Offender Review in compliance with such rules regarding application for executive clemency as are adopted by the Governor with the approval of two members of the Cabinet. Such application may require the submission of a certified copy of the applicant’s indictment or information, the judgment adjudicating the applicant to be guilty, and the sentence, if sentence has been imposed, and may also require the applicant to send a copy of the application to the judge and prosecuting attorney of the court in which the applicant was convicted, notifying them of the applicant’s intent to apply for executive clemency. An application for executive clemency for a person who is sentenced to death must be filed within 1 year after the date the Supreme Court issues a mandate on a direct appeal or the United States Supreme Court denies a petition for certiorari, whichever is later.

History.—s. 2, ch. 3018, 1877; RS 2999; GS 4075; RGS 6179; CGL 8493; s. 2, ch. 67-75; s. 2, ch. 69-29; s. 2, ch. 88-193; s. 321, ch. 92-279; s. 55, ch. 92-326; s. 9, ch. 96-290; s. 1844, ch. 97-102; s. 19, ch. 2003-6; s. 26, ch. 2014-191.

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Amendments to 940.03

Annotations, Discussions, Cases:

Cases Citing Statute 940.03

Total Results: 4

Dane P. Abdool v. Pam Bondi, etc.

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

See Ch.2013-216, § 12, Laws of Fla. Further, section 940.03 provides that the executive clemency process

McCullough v. State

997 So. 2d 1187, 2008 WL 5233855

District Court of Appeal of Florida | Filed: Dec 17, 2008 | Docket: 2548313

Cited 1 times | Published

consider other remedies toward attaining his goal. § 940.03, Fla. Stat. (2008); Office of Executive Clemency

Denson v. State

198 So. 3d 779, 2016 Fla. App. LEXIS 3008, 2016 WL 805197

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040728

Published

of charge and without delay.” In addition, section 940.03 recognizes that applicants for executive clemency

Anderson v. State

69 So. 3d 982, 2011 Fla. App. LEXIS 13414, 2011 WL 3754801

District Court of Appeal of Florida | Filed: Aug 26, 2011 | Docket: 60302648

Published

is to seek executive clemency pursuant to section 940.03, Florida Statutes (2010). AFFIRMED. ORFINGER