Florida Statute 922.52 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 922
EXECUTION

View Entire Chapter

F.S. 922.052

922.052 Issuance of warrant of execution.—

(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 Court shall inform the Governor in writing certifying that a person convicted and sentenced to death, before or after the effective date of the act, has:

1. Completed such person’s direct appeal and initial postconviction proceeding in state court and habeas corpus proceeding and appeal therefrom in federal court; or

2. Allowed the time permitted for filing a habeas corpus petition in federal court to expire.

(b) Within 30 days after receiving the letter of certification from the clerk of the Florida Supreme Court, the Governor shall issue a warrant for execution if the executive clemency process has concluded, directing the warden to execute the sentence within 180 days, at a time designated in the warrant.

(c) If, in the Governor’s sole discretion, the clerk of the Florida Supreme Court has not complied with the provisions of paragraph (a) with respect to any person sentenced to death, the Governor may sign a warrant of execution for such person where the executive clemency process has concluded.

(3) The sentence shall not be executed until the Governor issues a warrant, attaches it to the copy of the record, and transmits it to the warden, directing the warden to execute the sentence at a time designated in the warrant.

(4) If, for any reason, the sentence is not executed during the week designated, the warrant shall remain in full force and effect and the sentence shall be carried out as provided in s. 922.06.

History.—s. 270, ch. 19554, 1939; CGL 1940 Supp. 8663(280); s. 136, ch. 70-339; s. 1, ch. 96-213; s. 1838, ch. 97-102; s. 6, ch. 2000-161; s. 12, ch. 2013-216.

Note.—Former s. 922.09.

F.S. 922.052 on Google Scholar

F.S. 922.052 on CourtListener

Amendments to 922.052

Annotations, Discussions, Cases:

Cases Citing Statute 922.052

Total Results: 12

Daniel Lugo v. Secretary, Florida Department of Corrections

750 F.3d 1198, 2014 WL 1623735, 2014 U.S. App. LEXIS 7704

Court of Appeals for the Eleventh Circuit | Filed: Apr 24, 2014 | Docket: 290679

Cited 81 times | Published

petition in federal court to expire.” Fla. Stat. § 922.052. The purpose of the certification is to facilitate

Dane P. Abdool v. Pam Bondi, etc.

141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887

Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 58814

Cited 28 times | Published

Fla. Section 922.052: Issuance of Warrant of Execution Under the prior version of section 922.052, the

Jose Antonio Jimenez v. State of Florida & SC18-1321 Jose Antonio Jimenez v. State of Florida

265 So. 3d 462

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982205

Cited 5 times | Published

warrant period of 180 days is reasonable. See § 922.052(2)(b), Fla. Stat. (2018) ; Abdool , 141 So.3d

Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida

132 So. 3d 176

Supreme Court of Florida | Filed: Jan 3, 2014 | Docket: 400989

Cited 4 times | Published

challenges the constitutionality of amendments to section 922.052, Florida Statutes, that direct the Clerk of

Gary Ray Bowles v. Ron Desantis, Governor

934 F.3d 1230

Court of Appeals for the Eleventh Circuit | Filed: Aug 19, 2019 | Docket: 16074260

Cited 2 times | Published

the Governor issue a death warrant. Fla. Stat. § 922.052. In this case, the Commission began clemency proceedings

Oscar Ray Bolin, Jr. v. State of Florida

184 So. 3d 492, 40 Fla. L. Weekly Supp. 728, 2015 Fla. LEXIS 2826, 2015 WL 9172921

Supreme Court of Florida | Filed: Dec 17, 2015 | Docket: 3022130

Cited 2 times | Published

529 (Fla.2014), this Court reviewed whether section 922.052 violates due process, recognizing that while

Robert L. Henry v. State of Florida

134 So. 3d 938, 39 Fla. L. Weekly Supp. 131, 2014 WL 988999, 2014 Fla. LEXIS 948

Supreme Court of Florida | Filed: Mar 14, 2014 | Docket: 402876

Cited 1 times | Published

3.851; the denial of his motion to declare section 922.052, Florida Statutes (2013), unconstitutional;

Michael A. Tanzi v. State of Florida; Michael A. Tanzi v. Secretary, Department of Corrections & Michael A. Tanzi v. Secretary, Department of Corrections

Supreme Court of Florida | Filed: Apr 1, 2025 | Docket: 69830889

Published

claims, he challenged the constitutionality of section 922.052(2)(b), Florida Statutes (2013), which required

In Re: Amendments to The Florida Rules of Judicial Administration The Florida Rules of Criminal Procedure and The Florida Rules Of Appellate Procedure—Capital Postconviction Rules

Supreme Court of Florida | Filed: Oct 2, 2014 | Docket: 1364106

Published

the Clerk of this Court in complying with section 922.052, Florida Statutes (2013).3 Turning next

In re Amendments to the Florida Rules of Judicial Administration

148 So. 3d 1171, 2014 WL 3555967

Supreme Court of Florida | Filed: Jul 3, 2014 | Docket: 60243444

Published

the Clerk of this Court in complying with section 922.052, Florida Statutes (2013).3 Turning next to

In Re: Amendments to the Florida Rules of Judicial Administration The Florida Rules of Criminal Procedure and The Florida Rules of Appellate Procedure—Capital Postconviction Rules.

Supreme Court of Florida | Filed: Jul 3, 2014 | Docket: 798055

Published

the Clerk of this Court in complying with section 922.052, Florida Statutes (2013).3 Turning next

Daniel Lugo v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Apr 24, 2014 | Docket: 244557

Published

petition in federal court to expire.” Fla. Stat. § 922.052. The purpose of the certification is to facilitate