The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 922
EXECUTION

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F.S. 922.105

922.105 Execution of death sentence; prohibition against reduction of death sentence as a result of determination that a method of execution is unconstitutional.—

(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 convicted and sentenced to death for a capital crime at any time shall have one opportunity to elect that his or her death sentence be executed by electrocution. The election for death by electrocution is waived unless it is personally made by the person in writing and delivered to the warden of the correctional facility within 30 days after the issuance of mandate pursuant to a decision by the Florida Supreme Court affirming the sentence of death or, if mandate issued before the effective date of this act, the election must be made and delivered to the warden within 30 days after the effective date of this act. If a warrant of execution is pending on the effective date of this act, or if a warrant is issued within 30 days after the effective date of this act, the person sentenced to death who is the subject of the warrant shall have waived election of electrocution as the method of execution unless a written election signed by the person is submitted to the warden of the correctional facility no later than 48 hours after a new date for execution of the death sentence is set by the Governor under s. 922.06.

(3) If electrocution or lethal injection is held to be unconstitutional by the Florida Supreme Court under the State Constitution, or held to be unconstitutional by the United States Supreme Court under the United States Constitution, or if the United States Supreme Court declines to review any judgment holding a method of execution to be unconstitutional under the United States Constitution made by the Florida Supreme Court or the United States Court of Appeals that has jurisdiction over Florida, all persons sentenced to death for a capital crime shall be executed by any constitutional method of execution.

(4) The provisions of the opinion and all points of law decided by the United States Supreme Court in Malloy v. South Carolina, 237 U.S. 180 (1915), finding that the Ex Post Facto Clause of the United States Constitution is not violated by a legislatively enacted change in the method of execution for a sentence of death validly imposed for previously committed capital murders, are adopted by the Legislature as the law of this state.

(5) A change in the method of execution does not increase the punishment or modify the penalty of death for capital murder. Any legislative change to the method of execution for the crime of capital murder does not violate s. 10, Art. I or s. 9, Art. X of the State Constitution.

(6) Notwithstanding any law to the contrary, a person authorized by state law to prescribe medication and designated by the Department of Corrections may prescribe the drug or drugs necessary to compound a lethal injection. Notwithstanding any law to the contrary, a person authorized by state law to prepare, compound, or dispense medication and designated by the Department of Corrections may prepare, compound, or dispense a lethal injection. Notwithstanding chapter 401, chapter 458, chapter 459, chapter 464, chapter 465, or any other law to the contrary, for purposes of this section, prescription, preparation, compounding, dispensing, and administration of a lethal injection does not constitute the practice of medicine, nursing, or pharmacy.

(7) The policies and procedures of the Department of Corrections for execution of persons sentenced to death shall be exempt from chapter 120.

(8) Notwithstanding s. 775.082(2), s. 775.15(1), or s. 790.161(4), or any other provision to the contrary, no sentence of death shall be reduced as a result of a determination that a method of execution is declared unconstitutional under the State Constitution or the Constitution of the United States. In any case in which an execution method is declared unconstitutional, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method of execution.

(9) Nothing contained in this chapter is intended to require any physician, nurse, pharmacist, or employee of the Department of Corrections or any other person to assist in any aspect of an execution which is contrary to the person’s moral or ethical beliefs.

History.—s. 1, ch. 98-3; s. 2, ch. 2000-2; s. 2, ch. 2005-110.

F.S. 922.105 on Google Scholar

F.S. 922.105 on Casetext

Amendments to 922.105

Arrestable Offenses / Crimes under Fla. Stat. 922.105

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 922.105.

Annotations, Discussions, Cases:

Cases from cite.case.law:

PATRICK, v. STATE v. L., 246 So. 3d 253 (Fla. 2018)

. . . counsel was ineffective in failing to investigate and present available mitigation evidence; (6) section 922.105 . . .

ELLERBEE, Jr. v. STATE Jr. v. L., 232 So. 3d 909 (Fla. 2017)

. . . aggra-vator, and (b) failing to investigate and present available mitigation evidence; and (8) section 922.105 . . .

D. ARTHUR, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS,, 840 F.3d 1268 (11th Cir. 2016)

. . . . § 922.105 (2005). . . . Stat. § 922.105. . . . .

P. ABDOOL, v. BONDI,, 141 So. 3d 529 (Fla. 2014)

. . . Stat. (2013) (establishing means by which a death sentence shall be executed); § 922.105(1), Fla. . . .

FERGUSON, v. STATE, 101 So. 3d 362 (Fla. 2012)

. . . Separation of Powers In his first claim on appeal, Ferguson argues that section 922.105, Florida Statutes . . .

DARLING a k a v. STATE a k a v. A., 45 So. 3d 444 (Fla. 2010)

. . . . § 922.105(3), Fla. Stat. (2009). . . .

POWER, v. STATE, 992 So. 2d 218 (Fla. 2008)

. . . First, Power argued at the circuit court that section 922.105, Florida Statutes (2006), violates the . . . State, 754 So.2d 657, 668 (Fla.2000) (“We likewise conclude that [sections 922.10 and 922.105, Florida . . .

BAZE v. REES, COMMISSIONER, KENTUCKY DEPARTMENT OF CORRECTIONS,, 553 U.S. 35 (U.S. 2008)

. . . . §922.105 (2006); S. C. Code Ann. §24-3-530 (2007); Va. . . . . §922.105 (2006); Ga. Code Ann. §17-10-38 (2004); Ind. Code §35-38-6-1 (West 2004); Kan. Stat. . . .

LIGHTBOURNE, v. McCOLLUM,, 969 So. 2d 326 (Fla. 2007)

. . . Section 922.105(1) now provides: “A death sentence shall be executed by lethal injection, unless the . . . See § 922.105(1), Fla. Stat. (2006). . . . See § 922.105(7), Fla. Stat. (2006); Sims v. State, 754 So.2d 657, 670 (Fla.2000). . . . Shortly after the amendment of section 922.105, Terry Sims challenged the lethal injection protocol in . . . After section 922.105, Florida Statutes, was amended to provide for lethal injection, the United States . . .

PRESTON, Jr. v. STATE Jr. v. R., 970 So. 2d 789 (Fla. 2007)

. . . Because electrocution was the only means of execution prior to the 2000 amendment to section 922.105, . . . State, 753 So.2d 1244, 1254 (Fla.2000) (stating that the legislature intended section 922.105 to be applied . . . State, 754 So.2d 657, 664-65 (Fla.2000) (holding that retroactive application of section 922.105 "does . . .

DIAZ, v. STATE v. v., 945 So. 2d 1136 (Fla. 2006)

. . . Lethal Injection Diaz challenges Florida’s lethal injection statute, section 922.105, Florida Statutes . . . See § 922.105(7), Fla. Stat. (2006). We find no merit to this claim. . . . On January 14, 2000, section 922.105 was amended to provide for lethal injection as the method of execution . . .

HILL v. McDONOUGH, INTERIM SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 547 U.S. 573 (U.S. 2006)

. . . .” §922.105(1) (2003). . . . See §922.105(7). . . . Stat. §§922.105(1), (7) (prescribing lethal injection and leaving implementation to the department of . . .

D. RUTHERFORD, v. V. CROSBY, Jr., 438 F.3d 1087 (11th Cir. 2006)

. . . . § 922.105(1) (as amended by 2000 Fla. Sess. Law Serv. Ch. 00-2 (S.B. . . .

BEARDSLEE, v. S. WOODFORD, L., 395 F.3d 1064 (9th Cir. 2005)

. . . . § 922.105; Georgia, Ga.Code Ann., § 17-10-38; Idaho, Idaho Code § 19-2716; Illinois, 725 Ill. . . .

COOPER, v. A. RIMMER,, 379 F.3d 1029 (9th Cir. 2004)

. . . . § 922.105; Georgia, Ga.Code Ann., § 17-10-38; Idaho, Idaho Code § 19-2716; Illinois, 725 Ill. . . .

COOPER, v. A. RIMMER,, 358 F.3d 655 (9th Cir. 2004)

. . . . § 922.105; Georgia, Ga.Code Ann., § 17-10-38; Idaho, Idaho Code § 19-2716; Illinois, 725 Ill. . . .

MOORE, v. STATE v. W., 820 So. 2d 199 (Fla. 2002)

. . . Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985); (8) section 922.105(l)-(2), Florida Statutes . . .

M. JOHNSON, v. STATE, 804 So. 2d 1218 (Fla. 2001)

. . . See §§ 922.10, 922.105, Fla. Stat. (2000). . . .

FARINA, v. STATE, 801 So. 2d 44 (Fla. 2001)

. . . See § 922.105, Fla. Stat. (2000). Therefore, we find no merit to this claim. . . .

BRYANT, v. STATE, 785 So. 2d 422 (Fla. 2001)

. . . See § 922.105, Fla. Stat. (2000). . . .

HOLLAND, v. STATE, 773 So. 2d 1065 (Fla. 2000)

. . . Further, the Legislature has amended sections 922.10 and 922.105, Florida Statutes, which now give capital . . .

BRYAN, v. STATE, 753 So. 2d 1244 (Fla. 2000)

. . . argues that chapter 2000-2, section 2 of the Laws of Florida (amending, among other things, section 922.105 . . . Bryan further argues the amendments to sections 922.10 and 922.105, Florida Statutes, which add lethal . . . AMENDMENT TO THE CONSTITUTION We also find without merit Bryan’s assertion that in amending section 922.105 . . .

SIMS, v. STATE v., 754 So. 2d 657 (Fla. 2000)

. . . . — A death sentence shall be executed by electrocution or lethal injection in accordance with s. 922.105 . . . Section 922.105, Florida Statutes, is amended to read: 922.105 Execution of death sentence; prohibition . . .

H. PROVENZANO, v. W. MOORE,, 744 So. 2d 413 (Fla. 1999)

. . . is held to be unconstitutional, then all capital defendants shall be executed by lethal injection: 922.105 . . . shall remain in force until the sentence can be lawfully executed by any valid method of execution. § 922.105 . . . See § 922.105(1), Fla. Stat. . . . See § 922.105(1), Fla. Stat. . . . See § 922.105, Fla. Slat. . . .