(1) The execution of a death sentence may be stayed only by the Governor or incident to an appeal.
(2)(a) If execution of the death sentence is stayed by the Governor, and the Governor subsequently lifts or dissolves the stay, the Governor shall immediately notify the Attorney General that the stay has been lifted or dissolved. Within 10 days after such notification, the Governor must set the new date for execution of the death sentence.
(b) If execution of the death sentence is stayed incident to an appeal, upon certification by the Attorney General that the stay has been lifted or dissolved, within 10 days after such certification, the Governor must set the new date for execution of the death sentence.
When the new date for execution of the death sentence is set by the Governor under this subsection, the Attorney General shall notify the inmate’s counsel of record of the date and time of execution of the death sentence.
History.—s. 267, ch. 19554, 1939; CGL 1940 Supp. 8663(277); s. 133, ch. 70-339; s. 2, ch. 96-213.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
922.02 - Execution of Sentence Imposing Fine.
922.04 - Discharge of Prisoner Unable to Pay Fine.
922.051 - Imprisonment in County Jail, Term of 1 Year or Less.
922.052 - Issuance of Warrant of Execution.
922.06 - Stay of Execution of Death Sentence.
922.07 - Proceedings When Person Under Sentence of Death Appears to Be Insane.
922.08 - Proceedings When Person Under Sentence of Death Appears to Be Pregnant.
922.095 - Pursuit of Collateral Remedies.
922.10 - Execution of Death Sentence; Executioner.
922.108 - Sentencing Orders in Capital Cases.
922.11 - Regulation of Execution.
922.111 - Transfer to State Prison for Safekeeping Before Death Warrant Issued.
922.12 - Return of Warrant of Execution Issued by Governor.
922.14 - Sentence of Death Unexecuted for Unjustifiable Reasons.
922.15 - Return of Warrant of Execution Issued by Supreme Court.