RULE 3.811. INSANITY AT TIME OF EXECUTION: CAPITAL
CASES

(a) Insanity to Be Executed. A person under sentence of
death shall not be executed while insane to be executed.
(b) Insanity Defined. A person under sentence of death is
insane for purposes of execution if the person lacks the mental
capacity to understand the fact of the impending execution and the
reason for it.

(c) Stay of Execution. No motion for a stay of execution
pending hearing, based on grounds of the prisoner’s insanity to be
executed, shall be entertained by any court until such time as the
Governor of Florida shall have held appropriate proceedings for
determining the issue pursuant to the appropriate Florida Statutes.

(d) Motion for Stay after Governor’s Determination of
Sanity to Be Executed. On determination of the Governor of
Florida, subsequent to the signing of a death warrant for a prisoner
under sentence of death and pursuant to the applicable Florida
Statutes relating to insanity at time of execution, that the prisoner
is sane to be executed, counsel for the prisoner may move for a stay
of execution and a hearing based on the prisoner’s insanity to be
executed.

(1) The motion shall be filed in the circuit court of the
circuit in which the execution is to take place and shall be heard by
one of the judges of that circuit or such other judge as shall be
assigned by the chief justice of the supreme court to hear the
motion. The state attorney of the circuit shall represent the State of
Florida in any proceedings held on the motion.

(2) The motion shall be in writing and shall contain a
certificate of counsel that the motion is made in good faith and on
reasonable grounds to believe that the prisoner is insane to be
executed.

(3) Counsel for the prisoner shall file, along with the
motion, all reports of experts that were submitted to the governor
pursuant to the statutory procedure for executive determination of
sanity to be executed. If any of the evidence is not available to
counsel for the prisoner, counsel shall attach to the motion an
affidavit so stating, with an explanation of why the evidence is
unavailable.
(4) Counsel for the prisoner and the state may submit
such other evidentiary material and written submissions including
reports of experts on behalf of the prisoner as shall be relevant to
determination of the issue.

(5) A copy of the motion and all supporting documents
shall be served on the Florida Department of Legal Affairs and the
state attorney of the circuit in which the motion has been filed.

(e) Order Granting. If the circuit judge, upon review of the
motion and submissions, has reasonable grounds to believe that
the prisoner is insane to be executed, the judge shall grant a stay of
execution and may order further proceedings which may include a
hearing pursuant to rule 3.812.

Committee Notes

1988 Adoption. This rule is not intended to preclude the
Office of the Attorney General or the state attorney of the circuit in
which the trial was held from appearing on behalf of the State of
Florida under circumstances when permitted by law.