Florida Statutes
Fla. Stat. § 922.06 (2025)
Stay of execution of death sentence.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1979–2026 · leading case: Mark James Asay v. State of Florida, 224 So. 3d 695 (Fla. 2017).
Mark James Asay v. State of Florida, 224 So. 3d 695 (Fla. 2017). “06(2), Florida Statutes Asay’s third claim is that Section 922.06, Florida Statutes, permits the Attorney General to exercise an unfair advantage over the warrant process after a court has entered a stay of execution.”
Tompkins v. State, 994 So. 2d 1072 (Fla. 2008). “§ 922.06, Fla. Stat. (2004) (emphasis supplied).”
Robert L. Henry v. State of Florida, 134 So. 3d 938 (Fla. 2014). “See § 922.06(1), Fla. Stat. (2013) (“The execution of a death sentence may be stayed only by the Governor or incident to an appeal.”
Dane P. Abdool v. Pam Bondi, etc., 141 So. 3d 529 (Fla. 2014). “(2013) (establishing procedures for the imposition and administration of the death penalty); § 922.06, Fla. Stat. (2013) (establishing procedures for a stay of execution); § 922.”
Provenzano v. State, 750 So. 2d 597 (Fla. 1999). “[2] We are aware of section 922.06, Florida Statutes (1997), which provides that a stay may be entered only by the Governor or incident to appeal.”
Sullivan v. State, 372 So. 2d 938 (Fla. 1979). “(10) A statement by defendant and physical evidence seized from his car were the products of unconstitutional actions by the police in violation of the fourth, fifth, sixth, and fourteenth amendments to the United States Constitution and article I, sections 9 and 12 of the…”
Goode v. Wainwright, 448 So. 2d 999 (Fla. 1984). “10, Florida Statutes (1983), and the regulation of the execution, section 922.”
Spalding v. Dugger, 526 So. 2d 71 (Fla. 1988). “See § 922.06, Fla. Stat. (1987); see also State ex rel.”
State ex rel. Russell v. Schaeffer, 467 So. 2d 698 (Fla. 1985). “See § 922.06, Fla.Stat. (1983). We therefore grant the state’s motion for suggestion of prohibition without prejudice to the filing of a motion for post-conviction relief under rule 3.”
Amendments To Florida Rule of Crim. Procedure 3.851(H), 828 So. 2d 999 (Fla. 2002). “In support of its argument, the Attorney General cites to section 922.06, Florida Statutes (2001). This section states: “The execution of a death sentence may be stayed only by the Governor or incident to an appeal.”
James Aren Duckett v. State of Florida (Fla. 2026). “See § 922.06(1), Fla. Stat. (2025) (“The execution of a death sentence may be stayed .”
— 922.06(1) — 3 cases
Robert L. Henry v. State of Florida, 134 So. 3d 938 (Fla. 2014). “See § 922.06(1), Fla. Stat. (2013) (“The execution of a death sentence may be stayed only by the Governor or incident to an appeal.”
James Aren Duckett v. State of Florida (Fla. 2026). “See § 922.06(1), Fla. Stat. (2025) (“The execution of a death sentence may be stayed .”
Amendments To Florida Rule of Crim. Procedure 3.851(H), 828 So. 2d 999 (Fla. 2002). “In support of its argument, the Attorney General cites to section 922.06, Florida Statutes (2001). This section states: “The execution of a death sentence may be stayed only by the Governor or incident to an appeal.”
— 922.06(2) — 3 cases
Tompkins v. State, 994 So. 2d 1072 (Fla. 2008). “§ 922.06, Fla. Stat. (2004) (emphasis supplied).”
Mark James Asay v. State of Florida, 224 So. 3d 695 (Fla. 2017). “06(2), Florida Statutes Asay’s third claim is that Section 922.06, Florida Statutes, permits the Attorney General to exercise an unfair advantage over the warrant process after a court has entered a stay of execution.”
Robert L. Henry v. State of Florida, 134 So. 3d 938 (Fla. 2014). “See § 922.06(1), Fla. Stat. (2013) (“The execution of a death sentence may be stayed only by the Governor or incident to an appeal.”
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