Click here for printer-friendly version

Applicable Form of Executive Clemency: Commutation of Sentence

Eligibility: 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.

To be considered for commutation of sentence, a person must first seek a waiver to apply for clemency. An inmate may seek a waiver as long as at least two years have passed since he/she was first convicted. However, if serving a mandatory minimum sentence, the applicant must serve at least one-third of the sentence before applying for a waiver.

Application Process: If you are eligible for waiver consideration, a "Request for Waiver" form can be requested from the Office of Executive Clemency. You must submit the original document and four copies to the Clemency Coordinator (address below). The Florida Board of Parole will then issue a recommendation regarding the waiver to the Executive Clemency Board. A waiver of the rules can only be granted by the Governor with the approval of at least one member of the Clemency Board. If your application for waiver is denied, you may not reapply for a waiver for three years from the date of denial.

If you are granted a waiver, you may proceed with the application process. Applications must be filed on the form that is obtained upon request from the Office of Executive Clemency. All correspondence regarding an application should be addressed to:

Coordinator
Office of Executive Clemency
2601 Blairstone Road
Building C, Room 229
Tallahassee, FL 32399
tel: (850) 488-2952
fax: (850) 488-0695

Click here to preview the clemency application.

Click here for FAQ answers on Executive Clemency in Florida.

The Executive Clemency Board will consider, but not be limited to, the following factors when determining whether to grant clemency:

· The nature of the offense

· Whether the applicant has any history of mental instability, drug or alcohol abuse

· Whether the applicant has any subsequent arrests, including traffic offenses

· The applicant's employment history

· Whether the applicant is delinquent on any outstanding debts or child support payments

· Letters submitted in support of, or in opposition to, the grant of executive clemency

An application must have attached a certified copy of the charging document (e.g. indictment, information, warrant with supporting affidavit) for each conviction. Also attached must be a certified copy of the judgment and sentence for each felony conviction, including out of state convictions. Each application may also include character-reference letters of support and other relevant documents.

If the application does not meet the requirements, it may be returned without consideration.

Upon receipt of a completed application, the coordinator of the Office of Executive Clemency may contact any victims, the state attorney's office, the statewide prosecutor, and the Attorney General.

Applications may be referred to the Florida Parole Commission for an investigation, report, and recommendation.

After the Florida Parole Commission report is complete, the coordinator may place the case on the agenda of the Executive Clemency Board's next meeting.

If granted a hearing, an applicant may attend his or her hearing, as well as anyone wishing to speak on behalf of the applicant, as long as the Office of Executive Clemency has been notified at least 10 days before the hearing. No person making an oral presentation at a clemency hearing may speak for more than five minutes. Total presentations on behalf of the applicant may not take longer than 10 minutes. All presentations in opposition to an application may not exceed 10 minutes.

If the Board decides to grant executive clemency, each member of the Board must sign a clemency order, which will then be delivered to the applicant.

Clemency may be granted subject to conditions. If the conditions of clemency are violated, clemency may be revoked by the Executive Clemency Board, returning the applicant to incarceration.

*These rules may be waived by the Governor under extraordinary circumstances. Also, in cases of exceptional merit, any member of the Clemency Board may place a case on an upcoming agenda for consideration.