Florida

Applicable Form of Executive Clemency: Commutation of Sentence

The Governor has the discretion to deny clemency at any time, for any reason. The Governor, with the approval of at least two cabinet members, has the discretion to grant a commutation of sentence at any time, for any reason. A commutation of sentence may adjust an inmate's penalty to one less severe but does not restore any civil rights, and it does not restore the authority to own, possess or use firearms.

Eligibility: To be considered for commutation of sentence, a person must have completed at least one third of the sentence imposed, or, if serving a minimum mandatory sentence, have completed at least one half of the sentence.

Application Process:

A. Request for Review

Individuals eligible for commutation of sentence consideration may receive a “Request for Review” form by contacting the Office of Executive Clemency or it may be downloaded by clicking here. Upon receipt of the original and four (4) copies of the Request for Review form and any other material to be considered, the Coordinator of the Office of Executive Clemency shall forward copies of the documents to the Clemency Board and the Florida Parole Commission. The Commission shall review the documents and make an advisory recommendation to the Clemency Board. Notification of receipt by the Office of Executive Clemency of the Request for Review shall be provided.

The address for the Coordinator is as follows:

Coordinator
Office of Executive Clemency
4070 Esplanade Way
Tallahassee, Florida
32399-2450

B. Referral to Commission

Upon receipt by the Coordinator of written notification from the Governor and at least one member of the Clemency Board granting a Request for Review, or notification invoking Rule 17, the Coordinator may refer the request to the Parole Commission for a full investigation and place the case on an agenda to be heard by the Clemency Board. If the Request for Review is denied, the applicant may not reapply for a review for three years from the date of denial.

C. Notification

The Coordinator shall attempt to provide individuals seeking a request for commutation of sentences, and the respective prosecuting authority, with approximately 20 days notice prior to any such request being heard by representatives of the Clemency Board.

D. Domestic Violence Case Review

Domestic violence cases that meet the criteria adopted by the Clemency Board on December 18, 1991, as amended, will be processed as requests for review.

Supporting Documents

Each request for review shall have attached to it a certified copy of the charging instrument (indictment, information, or warrant with supporting affidavit) for each felony conviction, or misdemeanor conviction if seeking a commutation for a misdemeanor, and a certified copy of the judgment and sentence for each felony conviction, or misdemeanor conviction if seeking a commutation for a misdemeanor. (Note: The Office of Executive Clemency or Parole Commission may assist in preparation of applications in unique situations.) Each application for commutation of sentence may include character references, letters of support, and any other documents that are relevant to the request.

 If any application fails to meet the requirements of the Rules of Executive Clemency, the Coordinator may return it without further consideration.

Upon receipt of a completed request that meets the requirements of the Rules of Executive Clemency, the Coordinator shall make reasonable attempts to notify the victims of record, the respective State Attorney’s Office, the Office of the Statewide Prosecutor, if applicable, and the Office of the Attorney General, Bureau of Advocacy and Grants.

Every application which meets the requirements may be referred to the Florida Parole Commission for an investigation, report, and recommendation.

All persons who submit applications shall comply with the reasonable requests of the Florida Parole Commission in order to facilitate and expedite investigation of their cases.

Failure to comply with such requests by the Commission, without adequate explanation, may result in denial of the request without further consideration.

Final authority in granting a commutation of sentence lies with the Governor, who with the approval of at least two cabinet members has the authority grant a commutation at any time.

Every effort has been made to make this information accurate and up-to-date. Errors are inevitable and changes occur frequently. We would appreciate learning of any errors or inaccuracies regarding any information on this Webpage as soon as possible. Please write to info@cjpf.org

Last updated 06.23.14