Florida Statutes

Fla. Stat. § 940.031 (2025)

Clemency counsel when sentence of death imposed.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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940.031 Clemency counsel when sentence of death imposed.—

(1) The Board of Executive Clemency may appoint private counsel to represent a person sentenced to death for relief by executive clemency at such time as the board deems appropriate for clemency consideration. The board shall maintain a list of private counsel available for appointment under this section.

(2) The appointed attorney shall be compensated by the board, not to exceed $10,000, for attorney fees and costs incurred in representing the person for relief by executive clemency, with compensation to be paid out of the General Revenue Fund from funds budgeted to the Florida Commission on Offender Review.

(3) It is the intent of the Legislature that the fee prescribed under this section comprises the full and complete compensation for appointed private counsel. It is further the intent of the Legislature that the fee in this section is prescribed for the purpose of providing counsel with notice of the limit on the amount of compensation for representation under this section. Appointment of counsel for executive clemency under this section shall be at the board’s sole discretion. The provision of counsel for executive clemency under this section does not create a statutory right to counsel in such proceedings.

History.—s. 5, ch. 2014-59; s. 98, ch. 2015-2.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Gary Ray Bowles v. Ron Desantis, Governor, 934 F.3d 1230 (11th Cir. 2019).

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Gary Ray Bowles v. Ron Desantis, Governor, 934 F.3d 1230 (11th Cir. 2019). · cites it 2× “Fla. Stat. § 940.031 . But the statute “does not create a statutory right to counsel in such proceedings.”

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