Chapter 922 — Chapter 922
16 sections in this chapter.
Fla. Stat. § 922.02 Execution of sentence imposing fine
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Execution on a sentence imposing a fine may be issued in the same manner as execution on a judgment in a civil action, whether or not the sentence also imposes imprisonment.
Fla. Stat. § 922.04 Discharge of prisoner unable to pay fine
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When the court determines on the written application of a prisoner that he or she has been imprisoned for 60 days solely for failure to pay a fine or costs which total not more than $300 and that the prisoner is indigent and unable to pay the fine or costs, the court shall order …
Fla. Stat. § 922.051 Imprisonment in county jail, term of 1 year or less
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When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner’s cumulative sentences is not more than 1 year.
Fla. Stat. § 922.052 Issuance of warrant of execution
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(1) When a person is sentenced to death, the clerk of the court shall prepare a certified copy of the record of the conviction and sentence, and the sheriff shall send the record to the Governor and the clerk of the Florida Supreme Court.(2)(a) The clerk of the Florida Supreme Co…
Fla. Stat. § 922.06 Stay of execution of death sentence
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(1) The execution of a death sentence may be stayed only by the Governor or incident to an appeal.(2)(a) If execution of the death sentence is stayed by the Governor, and the Governor subsequently lifts or dissolves the stay, the Governor shall immediately notify the Attorney Gen…
Fla. Stat. § 922.07 Proceedings when person under sentence of death appears to be insane
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(1) When the Governor is informed that a person under sentence of death may be insane, the Governor shall stay execution of the sentence and appoint a commission of three psychiatrists to examine the convicted person. The Governor shall notify the psychiatrists in writing that th…
Fla. Stat. § 922.08 Proceedings when person under sentence of death appears to be pregnant
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(1) When the Governor is informed that a person under sentence of death may be pregnant, the Governor shall stay execution of the sentence and appoint a qualified physician to examine the convicted person and determine if she is pregnant.(2) After receiving the report of the phys…
Fla. Stat. § 922.095 Pursuit of collateral remedies
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A person who is convicted and sentenced to death must pursue all possible collateral remedies in state court in accordance with the Florida Rules of Criminal Procedure.
Fla. Stat. § 922.10 Execution of death sentence; executioner
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A death sentence shall be executed by electrocution or lethal injection in accordance with s. 922.105. The warden of the state prison shall designate the executioner. The warrant authorizing the execution shall be read to the convicted person immediately before execution.
Fla. Stat. § 922.105 Execution of death sentence; prohibition against reduction of death sentence as a result of determination that a method of execution is unconstitutional
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(1) A death sentence shall be executed by lethal injection, unless the person sentenced to death affirmatively elects to be executed by electrocution. The sentence shall be executed under the direction of the Secretary of Corrections or the secretary’s designee.(2) A person convi…
Fla. Stat. § 922.108 Sentencing orders in capital cases
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The sentence of death must not specify any particular method of execution. The wording or form of the sentencing order shall not be grounds for reversal of any sentence.
Fla. Stat. § 922.11 Regulation of execution
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(1) The warden of the state prison or a deputy designated by him or her shall be present at the execution. The warden shall set the day for execution within the week designated by the Governor in the warrant.(2) Twelve citizens selected by the warden shall witness the execution. …
Fla. Stat. § 922.111 Transfer to state prison for safekeeping before death warrant issued
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The sheriff shall deliver a person sentenced to death to the state prison to await the death warrant. A circuit judge of the circuit in which a death sentence was imposed may order the convicted person transferred to the state prison before the issuance of a warrant of execution …
Fla. Stat. § 922.12 Return of warrant of execution issued by Governor
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After the death sentence has been executed, the warden of the state prison shall send the warrant and a signed statement of the execution to the Secretary of State. The warden shall file an attested copy of the warrant and statement with the clerk of the court that imposed the se…
Fla. Stat. § 922.14 Sentence of death unexecuted for unjustifiable reasons
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If a death sentence is not executed because of unjustified failure of the Governor to issue a warrant, or for any other unjustifiable reason, on application of the Department of Legal Affairs, the Supreme Court shall issue a warrant directing the sentence to be executed during a …
Fla. Stat. § 922.15 Return of warrant of execution issued by Supreme Court
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After the sentence has been executed pursuant to a warrant issued by the Supreme Court, the warden of the state prison shall send the warrant and a signed statement of the execution to the Secretary of State. The warden shall file an attested copy of the warrant and statement wit…