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Florida Statute 940 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 940
EXECUTIVE CLEMENCY
View Entire Chapter
CHAPTER 940
CHAPTER 940
EXECUTIVE CLEMENCY
940.01 Clemency; suspension or remission of fines and forfeitures, reprieves, pardons, restoration of civil rights, and commutations.
940.03 Application for executive clemency.
940.031 Clemency counsel when sentence of death imposed.
940.04 Copy of information or indictment to be furnished without charge.
940.05 Restoration of civil rights.
940.061 Informing persons about executive clemency, restoration of civil rights, and restoration of voting rights.
940.01 Clemency; suspension or remission of fines and forfeitures, reprieves, pardons, restoration of civil rights, and commutations.—
(1) Except in cases of treason and in cases when impeachment results in conviction, the Governor may, by executive order filed with the Secretary of State, suspend collection of fines and forfeitures, grant reprieves not exceeding 60 days, and, with the approval of two members of the Cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses.
(2) In cases of treason, the Governor may grant reprieves until adjournment of the regular session of the Legislature convening next after the conviction, at which session the Legislature may grant a pardon or further reprieve; otherwise the sentence shall be executed.
History.—RS 2997; GS 4073; RGS 6177; CGL 8491; s. 1, ch. 69-29; ss. 10, 35, ch. 69-106; s. 1, ch. 88-193; s. 18, ch. 2003-6.
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.
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.
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.
940.05 Restoration of civil rights.—Any person who has been convicted of a felony may be entitled to the restoration of all the rights of citizenship enjoyed by him or her before conviction if the person has:
(1) Received a full pardon from the Board of Executive Clemency;
(2) Served the maximum term of the sentence imposed upon him or her; or
(3) Been granted his or her final release by the Florida Commission on Offender Review.
History.—s. 1, ch. 3467, 1883; RS 3001; GS 4077; RGS 6181; CGL 8495; s. 3, ch. 69-29; s. 494, ch. 81-259; s. 47, ch. 88-122; s. 1595, ch. 97-102; s. 167, ch. 2008-4; s. 27, ch. 2014-191.
940.061 Informing persons about executive clemency, restoration of civil rights, and restoration of voting rights.—The Department of Corrections shall inform and educate inmates and offenders on community supervision about the restoration of civil rights and the restoration of voting rights resulting from the removal of the disqualification to vote pursuant to s. 4, Art. VI of the State Constitution. Each month, the Department of Corrections shall send to the Florida Commission on Offender Review by electronic means a list of the names of inmates who have been released from incarceration and offenders who have been terminated from supervision who may be eligible for restoration of civil rights.
History.—s. 3, ch. 96-312; s. 6, ch. 2010-64; s. 28, ch. 2014-191; s. 27, ch. 2019-162.

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Amendments to 940


Arrestable Offenses / Crimes under Fla. Stat. 940
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.

Annotations, Discussions, Cases:

Cases Citing Statute 940

Total Results: 20

Aria Reserve 5005 LLC v. South Park Tower LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-12-18

Snippet: Inc. v. Florida Keys Aqueduct Auth., 795 So. 2d 940, 948 (Fla. 2001) (“Procedural due process requires

Miracle Letizia Atwell v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-18

Snippet: by probable cause.” Skinner v. State, 31 So. 3d 940, 943 (Fla. 1st DCA 2010) (citing § 901.151(4), Fla

Daniel K. Borders v. Glenn Harris and JPMorgan Chase Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2024-12-06

Snippet: Workers of Am., Local No. 3170, 371 So. 3d 938, 940 (Fla. 1st DCA 2022) (“To determine whether an order

Gabriel Toledo De La Cruz v. Mayra Eliuth Perez Garcia

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: DCA 2020) (citing Wigley v. Hares, 82 So. 3d 932, 940 (Fla. 4th DCA 2011)). If the petitioning parent

Carlos De La Melena v. Joanna Patricia Montezuma Panez

Court: District Court of Appeal of Florida | Date Filed: 2024-11-22

Snippet: reviewed de novo.” Wigley v. Hares, 82 So. 3d 940, 940 (Fla. 4th DCA 2011) (first quoting In re Application

J.R., Mother of K.B., a Child v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2024-11-14

Snippet: of Children & Family Services, 83 So. 3d 936, 940 (Fla. 3d DCA 2012), the Third District reversed the

Safeco Insurance Company of Illinois v. Rebecca L. Heikka

Court: District Court of Appeal of Florida | Date Filed: 2024-11-06

Snippet: DCA 2020) (quoting Bane v. Bane, 775 So. 2d 938, 940 (Fla. 2000)). While Heikka argues that Safeco already

Safeco Insurance Company of Illinois v. Rebecca L. Heikka

Court: District Court of Appeal of Florida | Date Filed: 2024-11-06

Snippet: DCA 2020) (quoting Bane v. Bane, 775 So. 2d 938, 940 (Fla. 2000)). While Heikka argues that Safeco already

Evans, Evans v. Gulf Landings Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-25

Snippet: entry of a final judgment. See Oliver v. Stone, 940 So. 2d 526, 529 (Fla. 2d DCA 2006). Once a trial

GIBSON, ESQ., LOFTUS, ESQ. v. U. S. BANK, N. A., FAIRCHILD

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: " Id. (quoting Harrell v. State, 894 So. 2d 935, 940 (Fla. 2005)). However, a challenge to the sufficiency

Bergeron Environmental and Recycling, LLC v. LGL Recycling, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-10-09

Snippet: signatory.” Koechli v. BIP Int’l, Inc., 870 So. 2d 940, 944 (Fla. 1st DCA 2004). For example, in Tenet

Jared Freedman v. Pedro J. Garcia, Etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-02

Snippet: 1982))); Endsley v. Broward Cnty., 189 So. 3d 938, 940 (Fla. 4th DCA 2016) (“The law is well-settled that

Michelle Shlimbaum v. Jason M. Shlimbaum and JMS Construction Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-09-25

Snippet: orders appears to have ceased. Oliver v. Stone 940 So. 2d 526, 529 (Fla. 2d DCA 2006) (emphasis added)

Peter Sciallo v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: are consistent with Bush v. State, 461 So. 2d 936, 940 (Fla. 1984), which held that a juror was properly

White v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-11

Snippet: to support the jury’s verdict.” State v. Burrows, 940 So. 2d 1259, 1261 (Fla. 1st DCA 2006). We apply the

Roman v. Sos

Court: District Court of Appeal of Florida | Date Filed: 2024-09-06

Snippet: (Fla. 4th DCA 1994); see also Granell v. Granell, 940 So. 2d 513, 514 (Fla. 2d DCA 2006). Thus, it's

Willie B. Lawson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-16

Snippet: Motor Vehicle. See Anderson v. State, 374 So. 3d 940 (Fla. 5th DCA 2023). AFFIRMED. REMANDED with

Joel T. Cooper v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-07

Snippet: sentence on direct appeal. Cooper v. State, 114 So. 3d 940 (Fla. 1st DCA 2013). Appellant filed a motion

Terry Nelson v. Behzad Ghazvini Thomas Asbury Mehran P. Ghazvini Premier Construction and Development, Inc., etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-07-29

Snippet: _____________________________ No. 1D2023-0940 _____________________________ TERRY

Wayne's Aggregate and Materials, LLC v. Jill Renee Lopez, As Personal Representative of the Estate of Roy Wayne Yates, Jeffrey Wells, Bryan Crain, Colby Clark, Ronald Davis and Michael Wolfington

Court: District Court of Appeal of Florida | Date Filed: 2024-07-19

Snippet: St. Marks Pond Indus., LLC v. Boles, 361 So. 3d 940, 941 (Fla. 5th DCA 2023); see also Graham, 347 So