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: Supreme Court of Florida | Date Filed: 2017-08-14

Citation: 224 So. 3d 695

Snippet: reset violated due process, and (4) that section 922.06 is unconstitutional. The circuit court denied Asay’s

Gordon v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-05-10

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

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

Portalp International SAS v. Zuloaga

Court: District Court of Appeal of Florida | Date Filed: 2015-12-18

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: Supreme Court of Florida | Date Filed: 2014-06-12

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: Supreme Court of Florida | Date Filed: 2014-03-14

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

Snippet: execution if he chooses to do so. See § 922.06(1), Fla. Stat. (2013) (“The execution of a death

Tompkins v. State

Court: Supreme Court of Florida | Date Filed: 2008-11-07

Citation: 994 So. 2d 1072, 2008 WL 4824085

Snippet: (2) the Governor's failure to comply with section 922.06(2), Florida Statutes (2004), and reset Tompkins's

Amendments To Florida Rule of Criminal Procedure 3.851(H)

Court: Supreme Court of Florida | Date Filed: 2002-09-19

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:

Topical Jewelers, Inc. v. Nationsbank, Na

Court: District Court of Appeal of Florida | Date Filed: 2000-12-27

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: Supreme Court of Florida | Date Filed: 2000-02-16

Citation: 754 So. 2d 657, 2000 WL 193226

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: District Court of Appeal of Florida | Date Filed: 2000-01-21

Citation: 781 So. 2d 381, 2000 WL 60207

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: Supreme Court of Florida | Date Filed: 1999-09-23

Citation: 750 So. 2d 597, 1999 WL 742293

Snippet: in Casper, Wyoming. [2] We are aware of section 922.06, Florida Statutes (1997), which provides that a

State v. Doering-Sachs

Court: District Court of Appeal of Florida | Date Filed: 1995-03-15

Citation: 652 So. 2d 420, 1995 WL 108931

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

Spalding v. Dugger

Court: Supreme Court of Florida | Date Filed: 1988-06-10

Citation: 526 So. 2d 71, 1988 WL 59154

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: Supreme Court of Florida | Date Filed: 1985-04-10

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’s

Goode v. Wainwright

Court: Supreme Court of Florida | Date Filed: 1984-04-02

Citation: 448 So. 2d 999

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

Sullivan v. State

Court: Supreme Court of Florida | Date Filed: 1979-06-22

Citation: 372 So. 2d 938

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