Florida Statute 922.06 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 922.06

Total Results: 10

Tompkins v. State

994 So. 2d 1072, 2008 WL 4824085

Supreme Court of Florida | Filed: Nov 7, 2008 | Docket: 2452464

Cited 64 times | Published

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

Dane P. Abdool v. Pam Bondi, etc.

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

Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 58814

Cited 28 times | Published

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

Sullivan v. State

372 So. 2d 938

Supreme Court of Florida | Filed: Jun 22, 1979 | Docket: 1325600

Cited 20 times | Published

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

Spalding v. Dugger

526 So. 2d 71, 1988 WL 59154

Supreme Court of Florida | Filed: Jun 10, 1988 | Docket: 1679909

Cited 12 times | Published

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

Provenzano v. State

750 So. 2d 597, 1999 WL 742293

Supreme Court of Florida | Filed: Sep 23, 1999 | Docket: 1736573

Cited 10 times | Published

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

Goode v. Wainwright

448 So. 2d 999

Supreme Court of Florida | Filed: Apr 2, 1984 | Docket: 2522275

Cited 9 times | Published

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

Mark James Asay v. State of Florida

224 So. 3d 695

Supreme Court of Florida | Filed: Aug 14, 2017 | Docket: 6137441

Cited 8 times | Published

was reset violated due process, and (4) that section 922.06 is unconstitutional. The circuit court denied

Robert L. Henry v. State of Florida

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

Supreme Court of Florida | Filed: Mar 14, 2014 | Docket: 402876

Cited 1 times | Published

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

Amendments To Florida Rule of Criminal Procedure 3.851(H)

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

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818433

Published

its argument, the Attorney General cites to section 922.06, Florida Statutes (2001). This section states:

State ex rel. Russell v. Schaeffer

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

Supreme Court of Florida | Filed: Apr 10, 1985 | Docket: 64611468

Published

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