The Florida death warrant process begins when the Clerk of the Florida Supreme Court certifies to the Governor that a condemned person has exhausted their appeals, and it ends with an execution carried out at Florida State Prison during a 180-day window the Governor sets. Between those two points, the law imposes tight deadlines on the Governor, preserves narrow routes for stays and competency challenges, and gives the condemned person one choice about how they will die.
What Has to Happen Before a Warrant Can Be Signed
A death sentence does not move to a warrant on its own. The Clerk of the Florida Supreme Court must first send the Governor a written certification confirming that the condemned person has finished direct appeal and initial state postconviction proceedings along with any federal habeas corpus challenge, or has let the deadline for a federal habeas petition expire.1Florida Senate. Florida Code 922.052 – Issuance of Warrant of Execution That letter is the gatekeeper. Without it, the Governor generally cannot sign.
There is one backstop. If the Governor believes the clerk has not met the certification requirement, the Governor can sign a warrant on their own authority, as long as clemency has concluded.1Florida Senate. Florida Code 922.052 – Issuance of Warrant of Execution
Clemency Must Be Finished
Even once the courts are done, no warrant can issue until the executive clemency process concludes. In Florida, commuting a death sentence to life in prison requires the Governor plus at least two Cabinet members. The Governor alone can grant a temporary reprieve of up to 60 days, but anything larger needs Cabinet support.
A clemency application in a capital case must be filed within one year after the Florida Supreme Court issues its mandate on direct appeal, or after the U.S. Supreme Court denies review, whichever is later. The Board of Executive Clemency may appoint private counsel for the condemned person, with total attorney compensation capped at $10,000, though the statute makes clear this does not create a right to counsel in clemency. Grants are rare. In most cases clemency functions as a final administrative checkpoint rather than a realistic path to relief, and once it closes without a commutation, the last barrier to the warrant is gone.
The Governor’s 30-Day Clock
Within 30 days of receiving the clerk’s certification letter, the Governor must issue the death warrant, assuming clemency is over.1Florida Senate. Florida Code 922.052 – Issuance of Warrant of Execution The word “must” matters. Many states give their governors open-ended discretion over whether and when to sign; Florida does not. The Governor picks a specific execution date within a 180-day window and directs the warden to carry out the sentence on that date.
The warrant does not expire if the execution is delayed. If something stops it from happening during the designated week, the warrant stays in full force, and a new execution date is set under the normal procedures.1Florida Senate. Florida Code 922.052 – Issuance of Warrant of Execution A stay or last-minute delay does not void the warrant; the Governor simply resets the date once the obstacle clears.
How the Execution Is Carried Out
Florida’s default method is lethal injection. Electrocution is still available, but only if the condemned person affirmatively chooses it in writing and delivers that election to the warden within 30 days after the Florida Supreme Court issues its mandate affirming the death sentence.2Florida Senate. Florida Code 922.105 – Execution of Death Sentence Miss that window and the choice is waived permanently.
The lethal injection protocol, last updated in March 2023, uses three drugs in sequence: etomidate to induce unconsciousness, rocuronium bromide to stop breathing, and potassium acetate to stop the heart.3Florida Department of Corrections. Death Row All executions take place at Florida State Prison in Raiford, which houses the state’s only execution chamber and its electric chair.4Florida Department of Corrections. Florida State Prison The statute also provides that if any execution method is ever ruled unconstitutional, the sentence itself still stands, and the legislature can designate a replacement method.2Florida Senate. Florida Code 922.105 – Execution of Death Sentence
Who Is in the Chamber
Florida law requires 12 citizens selected by the warden to witness the execution. A qualified physician must attend and announce when death has occurred. The condemned person’s attorney and any requested religious ministers may be present. Media representatives may attend under rules set by the Secretary of Corrections. Everyone else is excluded.5The Florida Legislature. Florida Code 922.11 – Regulation of Execution
Competency Review After the Warrant
The Eighth Amendment bars executing a person who is insane. The U.S. Supreme Court set that rule in Ford v. Wainwright, holding that a prisoner must understand what the death penalty is and why it is being imposed before the state can carry it out.6Justia. Ford v. Wainwright, 477 U.S. 399 Florida’s statute tracks that standard.
When the Governor learns that a condemned person may be insane, the Governor must stay the execution and appoint a commission of three psychiatrists to examine the person. The commission reports on whether the person understands the nature of the death penalty and the reason it is being imposed on them.7The Florida Legislature. Florida Code 922.07 – Proceedings When Person Under Sentence of Death Appears to Be Insane
What follows depends on the Governor’s decision. If the Governor finds the person competent, the stay is lifted, the Attorney General is notified, and a new execution date must be set within 10 days. If the Governor finds the person incompetent, the person is transferred to a Department of Corrections mental health treatment facility.7The Florida Legislature. Florida Code 922.07 – Proceedings When Person Under Sentence of Death Appears to Be Insane The sentence is not vacated. If competency is later regained, the execution process can resume.
Stays and What Happens When They Lift
A signed warrant does not foreclose further challenges. Florida law limits who can stop an execution to two actors: the Governor, or a court acting in connection with an appeal.8Florida Senate. Florida Code 922.06 – Stay of Execution of Death Sentence Defense attorneys typically file late-stage habeas petitions in state and federal courts arguing that the conviction, the sentence, or the execution method violates the Constitution.
When a stay ends, the process restarts quickly. If the Governor granted the stay, the Governor notifies the Attorney General and must set a new execution date within 10 days. If a court granted the stay, the Attorney General certifies that it has been dissolved, and the Governor again has 10 days to pick a new date. The condemned person’s attorney is notified of the new date and time in either case.8Florida Senate. Florida Code 922.06 – Stay of Execution of Death Sentence