TO: Local Government Attorneys
FROM: Kraig Conn, General Counsel
SUBJ: Governor’s Executive Order 21-116 (Clemency Order Regarding Reprieves)
DATE: May 14, 2021
On May 13, Governor DeSantis issued Executive Order 21-116, a clemency order regarding reprieves. The Governor issued the Order under his authority under Article IV, Section 8(a), Florida Constitution, regarding clemency (that is, the Order is not issued as an emergency order).
The Order grants a 60-day reprieve to any individual or business that has been subject to a “criminal sentence or penalty for all non-violent offenses related to local government COVID-19 restrictions.” The Order suspends, and serves as a defense to, the prosecution and execution of sentences of individuals and businesses.
The Order does not apply to any COVID-19 related orders or enforcement taken by the State and also does not apply to assisted living facilities, hospitals, or other healthcare providers. The Governor further stated he intends to propose a statewide, categorical grant of a full pardon to any such individual or business at the next meeting of the Board of Clemency on June 16, 2021.
