Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1750
       
       
       
       
       
       
                                Barcode 761256                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2013           .                                
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       The Committee on Appropriations (Negron) recommended the
       following:
       
    1         Senate Amendment to Amendment (241388) (with title
    2  amendment)
    3  
    4         Delete lines 789 - 804
    5  and insert:
    6         Section 16. Section 922.052, Florida Statutes, is amended
    7  to read:
    8         922.052 Issuance of warrant of execution.—
    9         (1) When a person is sentenced to death, the clerk of the
   10  court shall prepare a certified copy of the record of the
   11  conviction and sentence, and the sheriff shall send the record
   12  to the Governor and the clerk of the Florida Supreme Court.
   13         (2)(a) The clerk of the Florida Supreme Court shall inform
   14  the Governor in writing certifying that a person convicted and
   15  sentenced to death has:
   16         1. Completed such person’s direct appeal and initial
   17  postconviction proceeding in state court, and habeas corpus
   18  proceeding and appeal therefrom in federal court; or
   19         2. Allowed the time permitted for filing a habeas corpus
   20  petition in federal court to expire.
   21         (b) Within 30 days after receiving the letter of
   22  certification from the clerk of the Florida Supreme Court, the
   23  Governor shall issue a warrant for execution in all cases where
   24  the executive clemency process has concluded, directing the
   25  warden to execute the sentence within 180 days, at a time
   26  designated in the warrant.
   27         (c) If, in the Governor’s sole discretion, the clerk of the
   28  Florida Supreme Court has not complied with the provisions of
   29  paragraph (a) with respect to any person sentenced to death, the
   30  Governor may sign a warrant of execution for such person where
   31  the executive clemency process has concluded.
   32         (3) The sentence shall not be executed until the Governor
   33  issues a warrant, attaches it to the copy of the record, and
   34  transmits it to the warden, directing the warden to execute the
   35  sentence at a time designated in the warrant.
   36         (4)(2) If, for any reason, the sentence is not executed
   37  during the week designated, the warrant shall remain in full
   38  force and effect and the sentence shall be carried out as
   39  provided in s. 922.06.
   40  
   41  ================= T I T L E  A M E N D M E N T ================
   42         And the title is amended as follows:
   43         Delete lines 1007 - 1012
   44  and insert:
   45  
   46         amending s. 922.052, F.S.; requiring the sheriff to
   47         send a copy of the conviction and sentence to the
   48         Governor and the clerk of the Florida Supreme Court;
   49         directing the clerk to inform the Governor in writing
   50         certifying that a person convicted and sentenced to
   51         death has completed the applicable proceedings or has
   52         allowed the time permitted for filing a habeas corpus
   53         petition in federal court to expire; requiring the
   54         Governor to issue a warrant of execution within a
   55         specified period of time; amending s. 922.11,