...We disagree. As noted above,
the statute specifically provides that no capital defendant will be executed unless
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executive clemency proceedings have concluded. See Ch. 2013-216, § 12, Laws
of Fla. Further, section
940.03 provides that the executive clemency process in a
capital case is initiated by the defendant, and “must be filed within 1 year after the
date the [Florida] Supreme Court issues a mandate on a direct appeal or the United
States Supreme Court denies a petition for certiorari, whichever is later.” §
940.03,
Fla. Stat. (2013) (emphasis supplied). When read together, section
940.03 and
amended section
922.052 demonstrate that the warrant issuance procedures under
the Act cannot cut off certiorari review by the United States Supreme Court
because: (1) the Act prohibits the issuance of warrants of execution until the
clemency process is completed; and (2) section
940.03 specifically permits the
defendant to apply for clemency after the defendant has petitioned, and received a
response from, the Supreme Court regarding certiorari review....
