The 2023 Florida Statutes (including Special Session C)
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. . . The State’s statutory authority to appeal is set forth in sections 924.07 and 924.071, Florida Statutes . . .
. . . appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071 . . . appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071 . . . appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071 . . . appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071 . . .
. . . appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071 . . .
. . . appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071 . . .
. . . appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071 . . .
. . . The State’s authority to appeal a criminal case is set forth in sections 924.07 and 924.071, Florida . . . The grounds for appeal by the State set forth in section 924.071, Florida Statutes (2009), are not applicable . . . Section 924.071 provides for state appeals from certain pretrial orders and delineates when a stay is . . .
. . . as an interlocutory appeal under Florida Rule of Appellate Procedure 9.140(c) or sections 924.07 or 924.071 . . . appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071 . . .
. . . However, sections 924.07 and 924.071, Florida Statutes (2005), list the orders in criminal cases that . . .
. . . . §924.071(1) (1996) (“The state may appeal from a pretrial order... suppressing evidence”); Fla. . . .
. . . The state contends that the appeal is authorized by section 924.071(1)(k), but this statute applies exclusively . . . Following the decision McLeod, the Legislature enacted section 924.071(1)(k), Florida Statutes, which . . .
. . . See §§ 924.07, 924.071, Fla. Stat. (1997); see also Fla. R.App. P. 9.140. . . .
. . . Subsection (c)(1) should be read in tandem with sections 924.07 & 924.071, Florida Statutes (1997), which . . .
. . . Both sections 924.07 and 924.071 contain provisions, other than the one on which the state relies in . . .
. . . were concerned in that case with only two specific sections of chapter 924: section 924.07 and section 924.071 . . . Sections 924.07 and 924.071 are substantially the same in the current statutes. . . .
. . . .” § 924.071(1), Fla.Stat. (1993). . . .
. . . See §§ 924.07, 924.071, Fla. Stat. (1993); see also State v. . . .
. . . The district court found the habeas petition to be grounded at least in part on section 924.071(2), Florida . . . Genung, 300 So.2d 271 (Fla. 2d DCA 1974), concluding that even if section 924.071, Florida Statutes, . . . We hold that section 924.071(2) does not apply to this appeal. . . . Section 924.071(2) applies only to appeals by the State from pretrial orders dismissing a search warrant . . . Therefore, the petition’s reliance on section 924.071(2) was erroneous. . . .
. . . Thus, no appeal is authorized by section 924.071. . . .
. . . court suppression order is governed not by rule 9.140, as stated by the district court, but by section 924.071 . . . Although the district court upheld the State’s appeal based on rule 9.140, we find that section 924.071 . . . The legislature has enacted section 924.071, which provides: “The state may appeal from a pretrial order . . . In so holding, we acknowledge that we have previously held that sections 924.07 and 924.071, Florida . . . provide for the manner of appeals from the county court to the circuit court, and sections 924.07 and 924.071 . . .
. . . His argument appears to be grounded, at least in part, in the following language from section 924.071 . . . Genung, 300 So.2d 271 (Fla.2d DCA 1974), this court concluded that the mandatory language of section 924.071 . . .
. . . .-07, 924.071, Fla.Stat. (1991). . . . Section 924.071(1), Florida Statutes (1991), permits appeals from pretrial orders suppressing evidence . . .
. . . view, however, the State’s right of appeal in a criminal case is prescribed by sections 924.07 and 924.071 . . . While sections 924.07 and 924.071 are invalid as applied to interlocutory appeals from the circuit court . . .
. . . The state shall pay all costs of such appeal except for the defendant’s attorney’s fee. 924.071 Additional . . .
. . . See § 924.071(1), Fla.Stat. . . .
. . . We have jurisdiction under section 924.071(1), Florida Statutes (1985). . . .
. . . of appeal under either article V, section 4(b)(1) of the Florida Constitution or sections 924.07 and 924.071 . . . nonap-pealable discovery orders and citing Harris as authority for proposition that sections 924.07 and 924.071 . . . Sections 924.07 and 924.071, Florida Statutes (1985) and Florida Rules of Appellate Procedure 9.130 and . . . Rule 9.140(c)(1)(B) and section 924.071(1) provide a remedy for the state even though a reciprocal interlocutory . . . does not mean that we and the legislature should not continue to review and amend sections 924.07 and 924.071 . . .
. . . to the order granting the motion to suppress, which latter order is clearly appealable under section 924.071 . . .
. . . criminal case, it has an appellate remedy to the extent that such is granted by sections 924.07 and 924.071 . . .
. . . Sections 924.07 and 924.071, Florida Statutes (1981), provide as follows: 924.07 Appeal by state. — The . . . The state shall pay all costs of such appeal except for the defendant’s attorney’s fee. 924.071 Additional . . .
. . . and would hold that the state’s right of appeal in criminal cases, provided by sections 924.07 and 924.071 . . . cases are analogous to criminal cases and I find that the legislature intended for sections 924.07 and 924.071 . . . In criminal cases, the state is given the right to appeal such an order by section 924.071(1). . . . In criminal cases, the state may appeal such a suppression order before proceeding to trial. § 924.071 . . . Sections 924.07 and 924.071, Florida Statutes (1981), provide as follows: 924.07 Appeal by state —The . . . Sections 924.07 and 924.071, Florida Statutes (1981), provide as follows: 924.07 Appeal by state — The . . . The state shall pay all costs of such appeal except for the defendant’s attorney’s fee. 924.071 Additional . . .
. . . In view of this virtual prohibition of the common law, we can see sections 924.07 and 924.071 as strictly . . . governed by statute, we now come to the remaining question of whether either section 924.07 or section 924.071 . . . Nowhere in sections 924.07 or 924.071 is provision made for appeal by the state frpm an order granting . . . Section 924.071, Florida Statutes (1981), provides additional grounds for appeal by the state in criminal . . .
. . . Section 924.071(2), Florida Statutes (1979), provides for an automatic stay during the pendency of a . . . the Jenkins case, our supreme court held that regardless of the automatic stay provided in section 924.071 . . .
. . . Further, the Cannon court rejected the contention that section 924.071(2), Florida Statutes, grants the . . . Stat. § 924.071(2), which provides for an automatic stay during the pendency of such an appeal has been . . . Stat. § 924.071(2) was adopted, merely by filing an appeal from an order of suppression and without any . . . We disagree with the interpretation stated in Smail and Pearce that section 924.071(2) automatically . . . It is our view that existing rule 3.191(d)(2) and section 924.071(2) do not contradict each other. . . .
. . . . § 924.071(1), Fla.Stat. (1979). . . .
. . . The state contends that it is entitled to rely on the automatic stay provisions of Section 924.071(2) . . .
. . . . § 924.071, Fla.Stat. (1977). . . .
. . . . § 924.071(1), Fla.Stat. (1977). . . .
. . . See § 924.071, Fla.Stat. (1967). . . . .
. . . argues that it is entitled to an automatic stay during ' the pendency of its appeal by virtue of Section 924.071 . . .
. . . The State takes this appeal pursuant to Chapter 924.071 Fla.Stat. (1975), from an order suppressing evidence . . .
. . . . § 924.071. The petitioner at the same time filed a cross-appeal. . . . In light of the mandatory stay provisions in Fla.Stat. § 924.071, the state judge on January 19, 1969 . . . Florida Statute § 924.071, pursuant to which the respondent filed the appeal, granted an automatic stay . . .
. . . They cite a sentence from Sec. 924.071(2) Florida Statutes (1975) which says: “A defendant in custody . . . Genung, 300 So.2d 271 (Fla. 2d DCA 1974), it was held the word “shall” in Sec. 924.071(2) means “may” . . .
. . . Section 924.071(1), Florida Statutes (1975); and Fla.App. Rule 6.3. . . .
. . . Additional grounds for appeal by the state are set out in Sec. 924.071 (1975). . . . .
. . . DOWNEY, Judge, concurring specially: This court has previously held that Section 924.071(2), Florida . . . However, if the question of the effect of Section 924.071(2) were before us for the first time I would . . . appellant’s motion for discharge filed pursuant to Rule 3.191) on authority of the analysis of Section 924.071 . . .
. . . The interlocutory appeal was taken pursuant to Section 924.071, Florida Statutes (1975), which reads . . . as follows: “924.071 Additional grounds for appeal by the state; time for taking; stay of cause.— (1) . . . This overlooks the fact that Section 924.071, as a whole, only became effective upon being incorporated . . . by statute prior to the enactment of the speedy trial rule is tolled pending an appeal under Section 924.071 . . .
. . . See Sections 924.07 and 924.071, Florida Statutes (1975); State v. . . .
. . . The state asserts that § 924.071(2), Fla. . . .
. . . 180-day period prescribed by the Rule expired during the State’s interlocutory appeal, pursuant to § 924.071 . . . We reasoned that the Supreme Court adopted § 924.071 when it promulgated Appellate Rule 6.3 b and thus . . . The context and language of § 924.071(2) indicate a legislative purpose to stay the case automatically . . . We therefore need not presume that criminal Rule 3.191(d)(2)(iv) was intended to excise from § 924.071 . . . There are practical reasons so to reconcile the provisions of § 924.071(2), F.S., and Rule 3.191(d)(2 . . .
. . . Rule 3.191 and sections 924.07 and 924.071, F.S., relating to appeals by the state, contain no language . . . See Rule 3.191(d)(2), supra; sections 924.07 and 924.071, supra; see also State v. . . .
. . . . § 924.071(2), which provides for an automatic stay during the pendency of such an appeal has been superseded . . . deprive a defendant of the benefits of the Speedy Trial Rule, which did not exist when Fla.Stat. § 924.071 . . .
. . . The State of Florida, by this interlocutory appeal pursuant to F.S. 924.071, seeks our review of an order . . .
. . . By this interlocutory appeal, pursuant to § 924.071(1), Fla.Stat., we are called upon to review the propriety . . .
. . . See Rule 6.3 FAR; §§ 924.07 and 924.071 F.S.; State v. Williams, Fla.App.2d 1970, 237 So.2d 69. . . .
. . . Petitioner then made application for release on his own- recognizance pursuant to Florida Statute 924.071 . . . Petitioner files this petition for writ of habeas corpus alleging that under Florida Statute 924.071( . . . Therefore, petitioner falls within Florida Statute 924.071(2). . . . We hold that the word “shall” as set forth by the legislature in Florida Statute 924.071(2) must be interpreted . . .
. . . appeals the granting of the motion to suppress pursuant to authority granted in Florida Statutes, Section 924.071 . . .
. . . . §§ 924.07, and 924.071 F.S.A. remain unprovided for by the rule. . . .
. . . Florida Statutes, Section 924.071, F.S.A., provides that: “The state may appeal from a pretrial order . . . F.A.R., Rule 6.3, sub. b, 32 F.S.A., provides that: “Appeals pursuant to Section 924.071, Florida Statutes . . .
. . . shall not stay the operation of an order in favor of the defendant except as provided in F.S., Section 924.071 . . .
. . . . § 924.071, the granting of a motion to suppress. Patrolmen R. D. Be-van and J. D. . . .
. . . . § 924.071, F.S.A. Clinton Woodard, appellee, was observed by a member of the St. . . .
. . . Florida Statute § 924.071, F.S. . . . Florida Statute § 924.071, F.S.A., provides for an automatic stay of proceedings when the State appeals . . .
. . . The state appeals pursuant to § 924.071, F.S.1969, F.S.A., from an interlocutory order suppressing certain . . .
. . . The state appeals, pursuant to § 924.071, F.S.1969, F.S.A., from an interlocutory order suppressing certain . . .
. . . . § 924.071(1), F.S.A.; see Rule 6.3, F.A.R., 32 F.S.A. . . .
. . . its disposition by operation of Chapter 70-339, Section 149, Laws of Florida, now carried as Section 924.071 . . . Reading subsection (2) in pari marteria with subsection (1) of Section 924.071, Florida Statutes, F.S.A . . . Since we now hold that the State’s appeal of December 8, 1970, is not within the purview of Section 924.071 . . .
. . . Appeals pursuant to Section 924.071, Florida Statutes 1967, shall be taken within the time prescribed . . . This Rule breathes life into a legislative Act which purports to permit appellate “2- F.S. § 924.071, . . . unless the Supreme Court of Florida adopts such statute as its own (as it did with regard to Section 924.071 . . .
. . . Appellant seeks review by interlocutory appeal, pursuant to the provisions of F.S. section 924.071(1) . . .
. . . unless the Supreme Court of Florida adopts such statute as its own (as it did with regard to Section 924.071 . . . F.S. § 924.071, F.S.A. . F.S. § 924.07(8), F.S.A. . . . .
. . . The state appeals pursuant to § 924.071, F.S. 1969, F.S.A. from an order suppressing certain evidence . . .
. . . . § 924.071, F. . . . However, turning to Fla.Stat. § 924.071, F.S.A., if evidence is suppressed or a search warrant quashed . . . The state’s appeal, however, was not taken under the purview of Fla.Stat. § 924.071, F.S.A., and the . . .
. . . The state appeals pursuant to § 924.071, F.S.1969, F.S.A., from an interlocutory order granting defendant . . .
. . . This appeal by the State of Florida is taken pursuant to § 924.071(1) Fla.Stat., F.S.A., which permits . . .
. . . The State brings this interlocutory appeal under F.S.1967, section 924.071, F.S.A., for the purpose of . . .
. . . The state brings this interlocutory appeal, pursuant to § 924.071(1), F.S.A., to review an order of the . . .
. . . . § 924.071, F.S.A. provides that “the state may appeal from a pre-trial order * * * suppressing evidence . . . Rule 6.3, subd. b, 32 F.S.A. provides that “appeals pursuant to Section 924.071, Florida Statutes 1967 . . . Surely the legislature in enacting F.S. § 924.071, F.S.A., and the Supreme Court in promulgating F.A.P . . .
. . . appeal brought by the state under authority of Rule 6.3, Florida Appellate Rules, 32 F.S.A., and § 924.071 . . .
. . . . § 924.071, 1967, in that its enumeration of the instances the State may appeal from adverse decisions . . . Stat.1967, § 924.07, F.S.A., to which § 924.071 is clearly supplementary, to deal only with direct appeals . . .
. . . F.S.1967, Section 924.071, F.S.A. . . . .
. . . This is an appeal by the State of Florida, authorized by § 924.071 Fla.Stat., F.S.A., from an order of . . .
. . . The defendants-appellees have moved to dismiss an appeal taken by the State of Florida pursuant to § 924.071 . . .
. . . . § 924.071 [F.S.A.] from an order which suppressed the ‘cocaine’ but denied the motion as to all other . . .
. . . Appeals pursuant to Section 924.071, Florida Statutes 1967, shall be taken within the time prescribed . . .