DERRICK WILLIAMS, PETITIONER,
v.
CIRCUIT COURT, 18TH JUDICIAL CIRCUIT, ETC., RESPONDENT
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Derrick Williams sought a writ of mandamus to compel the Brevard County circuit court clerk to provide free certified copies of documents from his closed criminal case for his executive clemency application. The court denied the writ, holding that while Florida law entitles clemency applicants to free copies of certain documents, the clerk may reasonably require proof of clemency applicant status before providing them.
The court held that the clerk may reasonably require proof that the requesting party is an applicant for executive clemency before providing free certified copies under section 940.04, and that this requirement does not violate the statute's 'free of charge' clause. The statute only requires free provision of documents if the Parole Commission's rules require them and only to applicants for executive clemency.
[1] An applicant for executive clemency is entitled to free certified copies of their information, indictment, judgment, or sentence from the clerk of court.
[2] A clerk of court may reasonably require an applicant for executive clemency to provide a copy of their application to verify eligibility for free documents.
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Join FLexlaw to unlock all legal intelligence“In the event any applicant for executive clemency is required to supply a certified copy of the applicant's information, indictment, judgment, or sentence, said document shall be furnished by the clerk of court to the applicant free of charge and without delay.”
The governing statutory provision that entitles clemency applicants to free certified copies of specified documents.
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Join FLexlaw to unlock all legal intelligenceWilliams requested free certified copies of several documents from his closed criminal case, including the information, judgment, sentence, affidavits…
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GRIFFIN, J.
Derrick Williams petitions this court for a writ of mandamus, seeking from the clerk of the Brevard County circuit court free certified copies of several legal documents from his closed criminal case, including the information, written judgment and sentence, affidavits, clerk’s minutes, and the state attorney’s nolle prosequi. He claims that he needs these copies in conjunction with his application for executive clemency. He complains that he is entitled to free copies of these documents under section 940.04, Florida Statutes (2002), but the clerk of the circuit court •will not furnish them.
Section 940.04, Florida Statutes, does entitle an applicant for executive clemency to free certified copies of certain of the documents he presently seeks: “In the event any applicant for executive clemency is required to supply a certified copy of the applicant’s information, indictment, judgment, or sentence, said document shall be furnished by-the clerk of court to the applicant free of charge and without delay.” Under this statute, Williams would not be entitled to free certified copies of the other documents he lists in his petition. Lane v. Gardner, 778 So. 2d 1071 (Fla. 5th DCA 2001).
When Williams made his document request, the -clerk of the circuit court responded with an all-purpose form letter, which includes the following: “If you are requesting information regarding ciernen- cy, you need to provide us with a copy of your application for Executive Clemency.” In his petition, Williams objects that the statute does not impose this requirement and that requiring him to supply a copy of the application would cost him money and would thus violate the “free of charge” clause of the statute. We reject this argument. The statute only authorizes documents to be provided free of charge if the Parole Commission’s rule requires the documents and only to an applicant for Executive Clemency. It is reasonable for the clerk to require the requesting party to show that he is an applicant. Moreover, the policy of the clerk is a reasonable one, as it operates to discourage use of the statute as a subterfuge.
WRIT DENIED.
THOMPSON and PALMER, JJ„ concur.
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Ramsey v. Fuller, 99 So. 3d 628 (Fla. 1st DCA 2012)…contrast, the Fifth District has interpreted the statute to require compliance •with a clerk’s request for a copy of the applicant’s “application for Executive Clemency” before free certified copies are provided. Williams v. Cir. Ch, 18th Jud. Cir., 862 So. 2d 887, 888 (5th DCA 2003) (rejecting arguments that statute’s language does not permit clerk to require a copy of executive clemency application and that the cost of doing so thwarts the statute’s purpose of providing limited copies “free of charge”). Wil…1 / 2
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Adlington v. State, 948 So. 2d 839 (Fla. 4th DCA 2007)…prejudice to his right to seek mandamus relief in the circuit court against the clerk of the circuit court if appropriate, for failure to comply with its ministerial duties under Section 940.04, Fla. Stat. Williams v. Circuit Court, 18th Jud. Cir., 862 So. 2d 887 (Fla. 5th DCA 2003). A final order by the circuit court would then be appealable to this Court. See, e.g. Clayton v. State, 849 So. 2d 461 (Fla. 2d DCA 2003). Affirmed in Part, Dismissed in Part. GUNTHER, KLEIN and TAYLOR, JJ., concur.…
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Alphonso E. Harrison v. Ellspermann, 161 So. 3d 547 (Fla. 5th DCA 2014)…PER CURIAM. The order denying the petition for writ of mandamus is affirmed. See Williams v. Circuit Court, 18th Judicial Circuit, 862 So. 2d 887 (Fla. 5th DCA 2003). TORPY, C.J., SAWAYA and COHEN, JJ., concur.…
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- Ezell v. State, 778 So. 2d 1071 (Fla. 5th DCA 2001)