Florida Statutes

Fla. Stat. § 940.04 (2025)

Copy of information or indictment to be furnished without charge.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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940.04 Copy of information or indictment to be furnished without charge.—In the event any applicant for executive clemency is required to supply a certified copy of the applicant’s information, indictment, judgment, or sentence, said document shall be furnished by the clerk of court to the applicant free of charge and without delay.

History.—s. 3, ch. 3018, 1877; RS 3000; GS 4076; RGS 6180; CGL 8494; s. 44, ch. 73-334; s. 3, ch. 88-193.

Notes of Decisions

Cited in 8 cases, 2001–2019 · leading case: Clayton v. State, 849 So. 2d 461 (Fla. 2d DCA 2003).

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Clayton v. State, 849 So. 2d 461 (Fla. 2d DCA 2003). · cites it 5× “Because an application for clemency requires accompanying certified copies of the information or indictment and judgment and sentence for each conviction, Clayton is entitled to certified copies of such documents free of charge.”

Michael Rameil Patterson v. State of Florida, 264 So. 3d 315 (Fla. 2d DCA 2019). · cites it 5× “Patterson states in his initial brief that he wants the documents pursuant to section 940.04, Florida Statutes (2018). This argument is not cognizable on appeal because Mr.”

Lane v. Gardner, 778 So. 2d 1071 (Fla. 5th DCA 2001). · cites it 4× “Section 940.04, Florida Statutes, provides a basis for his request.”

Williams v. Circuit Court, 18th Jud. Cir., 862 So. 2d 887 (Fla. 5th DCA 2003). · cites it 4× “He complains that he is entitled to free copies of these documents under section 940.04, Florida Statutes (2002), but the clerk of the circuit court will not furnish them.”

Ramsey v. Fuller, 99 So. 3d 628 (Fla. 1st DCA 2012). · cites it 10× “Petitioner claims a right to documents under section 940.04, Florida Statutes, which requires a clerk of court to provide certified copies of certain specified documents promptly and free of charge to “any applicant for executive clemency” who is “required to supply” them…”

Denson v. State, 198 So. 3d 779 (Fla. 2d DCA 2016). · cites it 4× “Section 940.04, Florida Statutes (2015), provides that “[i]n the event any applicant for executive clemency is required to supply a certified copy of the applicant’s information, indictment, judgment, or sentence, said document shall be furnished by the clerk of court to the…”

Falana v. State, 210 So. 3d 186 (Fla. 2d DCA 2016). · cites it 3× “§ 940.04, Fla. Stat. (2015); see Clayton v.”

Adlington v. State, 948 So. 2d 839 (Fla. 4th DCA 2007). “We dismiss his challenge to that order, as it has no connection to the post-conviction proceedings being appealed herein, but without prejudice to his right to seek mandamus relief in the circuit court against the clerk of the circuit court if appropriate, for failure to comply…”

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