Florida Statutes

Fla. Stat. § 924.066 (2025)

Collateral relief.

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924.066 Collateral relief.—

(1) Subject to the terms and conditions set forth in this chapter, a prisoner in custody may seek relief based upon claims that the judgment of conviction or sentence was imposed in violation of the Constitution or law of the United States or the State of Florida.

(2) Either the state or a prisoner in custody may obtain review in the next higher state court of a trial court’s adverse ruling granting or denying collateral relief. The state may obtain review of any trial court ruling that fails to enforce a procedural bar.

(3) A person in a noncapital case who is seeking collateral review under this chapter has no right to a court-appointed lawyer.

History.—s. 6, ch. 96-248.

Notes of Decisions

Cited in 17 cases (3 in the last 5 years), 1997–2024 · leading case: Russo v. Akers, 724 So. 2d 1151 (Fla. 1998).

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Russo v. Akers, 724 So. 2d 1151 (Fla. 1998). · cites it 5× “"); § 924.066(3), Fla. Stat. (Supp.1996) ("A person in a noncapital case who is seeking collateral review under this chapter has no right to a court-appointed lawyer.”

State v. Rudolf, 821 So. 2d 385 (Fla. 2d DCA 2002). · cites it 3× “We conclude that any new sentence will be a final appealable order granting collateral relief pursuant to section 924.066(1). The State will have the opportunity to seek review of the sentence when the trial court enters that final order.”

Thomas Lynn Cramer v. Sec'y, Dept. of Corr., 461 F.3d 1380 (11th Cir. 2006). “Fla. Stat. Ann. § 924.066 (2); Fla. R.App.”

Russo v. Akers, 701 So. 2d 366 (Fla. 5th DCA 1997). · cites it 5× “1996), prohibits the use of state employees, such as public defenders, in collateral proceedings in non-capital cases unless constitutionally or statutorily mandated and that section 924.066(3), Florida Statutes (Supp.”

State v. Delvalle, 745 So. 2d 541 (Fla. 4th DCA 1999). · cites it 3× “140(c)(1)(M) and section 924.066(2) of the Florida Statutes.”

Jordan v. State, 81 So. 3d 595 (Fla. 1st DCA 2012). · cites it 2× “800(b)(1)(B)); § 924.066(2), Fla. Stat. (authorizing both the state and the prisoner to appeal an adverse ruling granting or denying collateral relief).”

Baker v. State, 210 So. 3d 140 (Fla. 2d DCA 2016). · cites it 2× “See § 924.066(3), Fla. Stat. (2015) (“A person in a noncapital case who is seeking collateral review under this chapter has no right to a court-appointed lawyer.”

State v. Vasquez, 918 So. 2d 1016 (Fla. 2d DCA 2006). · cites it 2× “See § 924.066(2), Fla. Stat. (2004). In that order, the trial court vacated Vasquez’s March 1999 judgment and life sentence resulting from a jury verdict of guilt of capital sexual battery and reinstated' his 1997 plea, judgment, and sentence of fifteen years’ incarceration…”

Hogan v. State, 12 So. 3d 835 (Fla. 2d DCA 2009). · cites it 2× “Section 924.066(2), Florida Statutes (2000, 2002), provides, “Either the state or a prisoner in custody may obtain review in the next higher state court of a trial court’s adverse ruling granting or denying collateral relief.”

State v. Chambers, 891 So. 2d 1176 (Fla. 2d DCA 2005). · cites it 2× “In an order rendered January 14, 2004, which noted that “the following was done in open Court,” the court vacated Chambers’ pleas, judgments, and sentences.”

Darryl Len Morgan v. State of Florida (Fla. 2022). · cites it 7× “140 and section 924.066, Florida Statutes (2017).”

Verrone v. State, 797 So. 2d 613 (Fla. 1st DCA 2001). · cites it 2× “See § 924.066(2), Fla. Stat. (2000) (requiring an adverse ruling by the trial court before a prisoner may seek an appeal).”

Show all 17 citing cases →

— 924.066(1) — 1 case

State v. Rudolf, 821 So. 2d 385 (Fla. 2d DCA 2002). “We conclude that any new sentence will be a final appealable order granting collateral relief pursuant to section 924.066(1). The State will have the opportunity to seek review of the sentence when the trial court enters that final order.”

— 924.066(2) — 10 cases

State v. Delvalle, 745 So. 2d 541 (Fla. 4th DCA 1999). “140(c)(1)(M) and section 924.066(2) of the Florida Statutes.”

Jordan v. State, 81 So. 3d 595 (Fla. 1st DCA 2012). “800(b)(1)(B)); § 924.066(2), Fla. Stat. (authorizing both the state and the prisoner to appeal an adverse ruling granting or denying collateral relief).”

State v. Vasquez, 918 So. 2d 1016 (Fla. 2d DCA 2006). “See § 924.066(2), Fla. Stat. (2004). In that order, the trial court vacated Vasquez’s March 1999 judgment and life sentence resulting from a jury verdict of guilt of capital sexual battery and reinstated' his 1997 plea, judgment, and sentence of fifteen years’ incarceration…”

Hogan v. State, 12 So. 3d 835 (Fla. 2d DCA 2009). “Section 924.066(2), Florida Statutes (2000, 2002), provides, “Either the state or a prisoner in custody may obtain review in the next higher state court of a trial court’s adverse ruling granting or denying collateral relief.”

— 924.066(3) — 5 cases

Russo v. Akers, 724 So. 2d 1151 (Fla. 1998). “"); § 924.066(3), Fla. Stat. (Supp.1996) ("A person in a noncapital case who is seeking collateral review under this chapter has no right to a court-appointed lawyer.”

Russo v. Akers, 701 So. 2d 366 (Fla. 5th DCA 1997). “1996), prohibits the use of state employees, such as public defenders, in collateral proceedings in non-capital cases unless constitutionally or statutorily mandated and that section 924.066(3), Florida Statutes (Supp.”

Baker v. State, 210 So. 3d 140 (Fla. 2d DCA 2016). “See § 924.066(3), Fla. Stat. (2015) (“A person in a noncapital case who is seeking collateral review under this chapter has no right to a court-appointed lawyer.”

Beliveau v. State, 144 So. 3d 634 (Fla. 2d DCA 2014).

Russo v. Selman, 702 So. 2d 270 (Fla. 5th DCA 1997).

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