Florida Statutes
Fla. Stat. § 924.066 (2025)
Collateral relief.
✓ 2025 Florida Statutes — current through the 2025 Regular Session Cite as: Fla. Stat. § 924.066 (2025)
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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
Russo v. Akers (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.”
State v. Rudolf (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.”
Thomas Lynn Cramer v. Secretary, Dept. of Corr. (2006)
“Fla. Stat. Ann. § 924.066 (2); Fla. R.App.”
Russo v. Akers (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.”
State v. Delvalle (1999)
“140(c)(1)(M) and section 924.066(2) of the Florida Statutes.”
Jordan v. State (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).”
Baker v. State (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.”
State v. Vasquez (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 (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.”
State v. Chambers (2005)
“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 (2022)
“140 and section 924.066, Florida Statutes (2017).”
Verrone v. State (2001)
“See § 924.066(2), Fla. Stat. (2000) (requiring an adverse ruling by the trial court before a prisoner may seek an appeal).”
— 924.066(1) — 1 case
State v. Rudolf (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 (1999)
“140(c)(1)(M) and section 924.066(2) of the Florida Statutes.”
State v. Rudolf (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.”
Jordan v. State (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 (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 (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 (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 (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 (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 (2014)
Russo v. Selman (1997)
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.