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Governor issues Executive Order 21-116 (Clemency Order Regarding Reprieves)

Press release from the Office of Governor Ron DeSantis

Today, Governor Ron DeSantis issued Executive Order 21-116 (Clemency Order Regarding Reprieves).

A copy of Executive Order 21-116 is provided below. A PDF copy is available here

STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 21-116
(Clemency Order Regarding Reprieves)

WHEREAS, a categorical, statewide, sixty-day reprieve for any individual or business that has been or could be arrested for, charged with, found guilty of, convicted of, subject to a withhold of adjudication for, subject to a plea of guilty or nolo contendere for, or otherwise subject to a criminal sentence or penalty for all non-violent offenses related to local government COVID-19 restrictions is warranted in light of the unprecedented local government restrictions imposed on individuals and businesses over the course of the past year; and

WHEREAS, at the next meeting of the Board of Executive Clemency on June 16, 2021, I fully intend to propose a statewide, categorical grant of a full pardon to any such individual or business; and

WHEREAS, I also intend to propose supplementing Executive Order 21-65 with another categorical, statewide remission of fines for any such individual or business; and            

WHEREAS, such action is necessary to ensure that the State of Florida experiences a rapid and orderly restoration and recovery from the COVID-19 emergency and that systems of justice are fair everywhere in the State in relation to the emergency.            

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NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me under Article IV, Section 8(a) of the Florida Constitution, promulgate the following Executive Order:            

Section 1.  I hereby grant a sixty-day reprieve to any individual or business that has been or could be arrested for, charged with, found guilty of, convicted of, subject to a withhold of adjudication for, subject to a plea of guilty or nolo contendere for, or otherwise subject to a criminal sentence or penalty for all non-violent offenses related to local government COVID-19 restrictions.            

Section 2.  This Executive Order suspends the prosecution and execution of sentence of the individuals and businesses described in section 1.            

Section 3.  This Executive Order shall serve as a defense to the prosecution and execution of sentence of the individuals and businesses described in section 1.            

Section 4.  This Executive Order does not apply to any COVID-19-related orders or enforcement taken by the State.            

Section 5.  This Executive Order does not apply to assisted living facilities, hospitals, or other healthcare providers.            

Section 6.  This Executive Order does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the State, its departments or agencies, or its officers, employees, or agents.            

Section 7.  This Executive Order is effective immediately.