Florida Statute 940.03 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 940.03

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 940.03.

Annotations, Discussions, Cases:

Cases Citing Statute 940.03

Total Results: 6

STATE OF FLORIDA v. WILLIAM GRAHAM MARCELLUS HAYES, II

Court: District Court of Appeal of Florida | Date Filed: 2020-08-19

Snippet: and the persons or things to be seized.’” Id. at 940. 3 The appeals in Freels, 4D19-1655, concern investigations

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-05.

Court: Supreme Court of Florida | Date Filed: 2018-11-21

Citation: 257 So. 3d 925

Snippet: premises warned (defendant) to depart. *940 3. (Defendant) refused to depart. Authority

Denson v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-03-02

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

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

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

Anderson v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-08-26

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

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

McCullough v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-12-17

Citation: 997 So. 2d 1187, 2008 WL 5233855

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