Florida Statute 922.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 922
EXECUTION

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F.S. 922.06

922.06 Stay of execution of death sentence.—

(1) The execution of a death sentence may be stayed only by the Governor or incident to an appeal.

(2)(a) If execution of the death sentence is stayed by the Governor, and the Governor subsequently lifts or dissolves the stay, the Governor shall immediately notify the Attorney General that the stay has been lifted or dissolved. Within 10 days after such notification, the Governor must set the new date for execution of the death sentence.

(b) If execution of the death sentence is stayed incident to an appeal, upon certification by the Attorney General that the stay has been lifted or dissolved, within 10 days after such certification, the Governor must set the new date for execution of the death sentence.

When the new date for execution of the death sentence is set by the Governor under this subsection, the Attorney General shall notify the inmate’s counsel of record of the date and time of execution of the death sentence.

History.—s. 267, ch. 19554, 1939; CGL 1940 Supp. 8663(277); s. 133, ch. 70-339; s. 2, ch. 96-213.

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Amendments to 922.06

Arrestable Offenses / Crimes under Fla. Stat. 922.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 922.06.

Annotations, Discussions, Cases:

Cases Citing Statute 922.06

Total Results: 16

Mark James Asay v. State of Florida

Court: Fla. | Date Filed: 2017-08-14T00:00:00-07:00

Citation: 224 So. 3d 695

Snippet: at 197. Section 922.06(2), Florida Statutes Asay’s third claim is that Section 922.06, Florida Statutes…reset violated due process, and (4) that section 922.06 is unconstitutional. The circuit court denied Asay… and, instead, states that sections 922.052 and 922.06 “are merely rules outlining the procedures used… it relates to the constitutionality of section 922.06, this Court has previously considered and rejected

Gordon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-10T00:00:00-07:00

Citation: 219 So. 3d 189, 2017 WL 1927720, 2017 Fla. App. LEXIS 6566

Snippet: ’ that make up the compound offense.” Id. at 922. 6 The question is whether a defendant charged

Portalp International SAS v. Zuloaga

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-18T00:00:00-08:00

Citation: 198 So. 3d 669, 2015 Fla. App. LEXIS 18936, 2015 WL 9258496

Snippet: Kolovrat v. Oregon, 366 U.S. 187, 194, 81 S.Ct. 922, 6 L.Ed.2d 218 (1961) (“While courts interpret treaties

Dane P. Abdool v. Pam Bondi, etc.

Court: Fla. | Date Filed: 2014-06-12T00:00:00-07:00

Citation: 141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887

Snippet: imposition and administration of the death penalty); § 922.06, Fla. Stat. (2013) (establishing procedures for

Robert L. Henry v. State of Florida

Court: Fla. | Date Filed: 2014-03-14T00:00:00-07:00

Citation: 134 So. 3d 938, 39 Fla. L. Weekly Supp. 131, 2014 WL 988999, 2014 Fla. LEXIS 948

Snippet: carried out as provided in s. 922.06.” (Emphasis added.) Section 922.06(2), in turn, provides: (a…execution if he chooses to do so. See § 922.06(1), Fla. Stat. (2013) (“The execution of a death…for Tompkins in 2001 — “was required [by section 922.06(2) ] to reschedule his execution within ten days…no authority that supports a claim that section 922.06(2) ei *946 ther explicitly or implicitly…warrant. Moreover, when sections 922.052 and 922.06 are read as a whole, the Legislature clearly expresses

Tompkins v. State

Court: Fla. | Date Filed: 2008-11-07T00:00:00-08:00

Citation: 994 So. 2d 1072

Snippet: Governor's failure to comply with section 922.06(2), Florida Statutes (2004), and reset Tompkins… Governor's failure to comply with section 922.06(2) and reset Tompkins's execution *1080 in…Tompkins's argument. Violation of Section 922.06(2), Florida Statutes Next, Tompkins argues that…resetting his execution, violated section *1084 922.06(2), Florida Statutes.[11] Specifically, Tompkins…no authority that supports a claim that section 922.06(2) either explicitly or implicitly provides criminal

Amendments To Florida Rule of Criminal Procedure 3.851(H)

Court: Fla. | Date Filed: 2002-09-19T00:00:00-07:00

Citation: 828 So. 2d 999, 27 Fla. L. Weekly Supp. 773, 2002 Fla. LEXIS 1883, 2002 WL 31084701

Snippet: argument, the Attorney General cites to section 922.06, Florida Statutes (2001). This section states: …only by the Governor or incident to an appeal.” § 922.06(1), Fla. Stat. (2001). While this section might

Topical Jewelers, Inc. v. Nationsbank, Na

Court: Fla. Dist. Ct. App. | Date Filed: 2000-12-26T23:53:00-08:00

Citation: 781 So. 2d 392

Snippet: before us was raised in that case. See id. at 922. [6] $10,000 loan balance minus $1,000 received by

Sims v. State

Court: Fla. | Date Filed: 2000-02-16T00:00:00-08:00

Citation: 754 So. 2d 657

Snippet: death sentence is set by the Governor under s. 922.06. Fla. S.B. 10-A, § 1-2 (2000). Governor Bush signed

Tropical Jewelers, Inc. v. NATIONSBANK, NA

Court: Fla. Dist. Ct. App. | Date Filed: 2000-01-20T23:53:00-08:00

Citation: 781 So. 2d 381

Snippet: before us was raised in that case. See id. at 922. [6] $10,000 loan balance minus $1,000 received by

Provenzano v. State

Court: Fla. | Date Filed: 1999-09-23T00:00:00-07:00

Citation: 750 So. 2d 597

Snippet: in Casper, Wyoming. [2] We are aware of section 922.06, Florida Statutes (1997), which provides that a…he could enter a stay in compliance with section 922.06, Florida Statutes, which states: Stay of execution

State v. Doering-Sachs

Court: Fla. Dist. Ct. App. | Date Filed: 1995-03-14T23:53:00-08:00

Citation: 652 So. 2d 420

Snippet: also Kolovrat v. Oregon, 366 U.S. 187, 81 S.Ct. 922, 6 L.Ed.2d 218 (1961); Whitney v. Robertson, 124 U.S

Spalding v. Dugger

Court: Fla. | Date Filed: 1988-06-10T00:53:00-07:00

Citation: 526 So. 2d 71

Snippet: be heard by this Court on June 13, 1988. See § 922.06, Fla. Stat. (1987); see also State ex rel. Russell

State ex rel. Russell v. Schaeffer

Court: Fla. | Date Filed: 1985-04-10T00:00:00-08:00

Citation: 467 So. 2d 698, 10 Fla. L. Weekly 233, 1985 Fla. LEXIS 2994

Snippet: to entertain his application for a stay. See § 922.06, Fla.Stat. (1983). We therefore grant the state

Goode v. Wainwright

Court: Fla. | Date Filed: 1984-04-01T23:53:00-08:00

Citation: 448 So. 2d 999

Snippet: governor or "incident to an appeal." § 922.06, Fla. Stat. (1983). In Hysler v. State, 136 Fla

Sullivan v. State

Court: Fla. | Date Filed: 1979-06-22T00:53:00-07:00

Citation: 372 So. 2d 938

Snippet: amendments to the United States Constitution. [2] § 922.06, Fla. Stat. (1977). [3] McCall v. State, 136 Fla