Florida Statute 940.01 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 940
EXECUTIVE CLEMENCY

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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.

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Amendments to 940.01

Annotations, Discussions, Cases:

Cases Citing Statute 940.01

Total Results: 3 | Sort by: Relevance | Newest First

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Trice v. Blackburn, 153 So. 2d 32 (Fla. Dist. Ct. App. 1963).

Published | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3678

intent to defraud the mortgagee in violation of § 940 1 of the Penal Law of the State of New York, McKinney’s

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Bailey v. Laurie, DeSantis (Fla. 1st DCA 2025).

Published | Florida 1st District Court of Appeal

...We need not reach this alternative rationale as we affirm the trial court’s order on the grounds set forth therein. 3 the approval of two cabinet members, grant full or conditional pardons or restore civil rights. See also § 940.01(1), Fla....

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Darryl Barwick v. Governor of Florida (11th Cir. 2023).

Published | Court of Appeals for the Eleventh Circuit

...Florida’s Clemency Regime Florida law provides the executive branch with the authority to commute punishments, and state law does not impose any legal limitations on officials’ exercise of their discretion. Fla. Const. art. IV, § 8(a); Fla. Stat. § 940.01(1); see also Bowles v....

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