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Florida Statute 940.031 - Full Text and Legal Analysis Florida Statute 940.031 | Lawyer Caselaw & Research
Fla. Stat. § 940.031 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 940.031

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·Gary Ray Bowles v. Ron Desantis, Governor, 934 F.3d 1230 (11th Cir. 2019).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit

...He is allowed to have clemency counsel present at the interview. Id. By statute, the Board "may" in its "sole discretion" appoint the clemency counsel; the Board must maintain a list of private counsel who are available for that purpose. Fla. Stat. § 940.031 ....
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Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authorityDorsey (2023)
phrase: "rule_authority"
Cited as authorityReeves (2022)
phrase: "rule_authority"

This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.