Florida Statute 924.71 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW

View Entire Chapter

F.S. 924.071

924.071 Additional grounds for appeal by the state; time for taking; stay of cause.—

(1) The state may appeal from a pretrial order dismissing a search warrant or suppressing evidence, however obtained, or which directly and expressly conflicts with an appellate decision of a district court of appeal or of the Florida Supreme Court. The appeal must be taken before the trial.

(2) An appeal by the state from a pretrial order shall stay the case against each defendant upon whose application the order was made until the appeal is determined. If the trial court determines that the evidence, confession, or admission that is the subject of the order would materially assist the state in proving its case against another defendant and that the prosecuting attorney intends to use it for that purpose, the court shall stay the case of that defendant until the appeal is determined. A defendant in custody whose case is stayed either automatically or by order of the court shall be released on his or her own recognizance pending the appeal if he or she is charged with a bailable offense.

History.—ss. 1, 2, ch. 67-123; s. 1, ch. 69-267; s. 149, ch. 70-339; s. 2, ch. 90-239; s. 1554, ch. 97-102.

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Amendments to 924.071

Annotations, Discussions, Cases:

Cases Citing Statute 924.071

Total Results: 72

State v. Pettis

520 So. 2d 250, 1988 WL 4367

Supreme Court of Florida | Filed: Jan 21, 1988 | Docket: 1709237

Cited 213 times | Published

acquittal occurs. Rule 9.140(c)(1)(B) and section 924.071(1) provide a remedy for the state even though

Craig v. State

510 So. 2d 857, 12 Fla. L. Weekly 269

Supreme Court of Florida | Filed: May 28, 1987 | Docket: 1592314

Cited 143 times | Published

inadmissible, it could have taken a pretrial appeal. § 924.071(1), Fla. Stat. (1981). Moreover, if the state

State v. Smith

260 So. 2d 489

Supreme Court of Florida | Filed: Mar 29, 1972 | Docket: 1459308

Cited 56 times | Published

Appellate Rules, reads: "`b. Appeals pursuant to Section 924.071, Florida Statutes 1967, shall be taken within

State v. Oliver

368 So. 2d 1331

District Court of Appeal of Florida | Filed: Mar 13, 1979 | Docket: 50718

Cited 40 times | Published

which appeal we have jurisdiction to entertain. § 924.071(1), Fla. Stat. (1977). The central question presented

State v. Creighton

469 So. 2d 735, 10 Fla. L. Weekly 257

Supreme Court of Florida | Filed: May 2, 1985 | Docket: 1271981

Cited 36 times | Published

question of whether either section 924.07 or section 924.071 provides for an appeal by the state in the

State v. Setzler

667 So. 2d 343, 1995 WL 619890

District Court of Appeal of Florida | Filed: Oct 24, 1995 | Docket: 1511539

Cited 31 times | Published

from a pretrial order ... suppressing evidence." § 924.071(1), Fla. Stat. (1993). A reviewing court is bound

State v. CC

476 So. 2d 144, 10 Fla. L. Weekly 435

Supreme Court of Florida | Filed: Aug 29, 1985 | Docket: 1277461

Cited 28 times | Published

given the right to appeal such an order by section 924.071(1). To the extent that such an order is nonfinal

IT v. State

694 So. 2d 720, 1997 WL 228417

Supreme Court of Florida | Filed: May 8, 1997 | Docket: 1450130

Cited 26 times | Published

sections of chapter 924: section 924.07 and section 924.071.[2] Our holding was specifically limited to

State v. Foust

262 So. 2d 686

District Court of Appeal of Florida | Filed: May 30, 1972 | Docket: 429071

Cited 16 times | Published

State from such a ruling is permitted by F.S. § 924.071(1), F.S.A.; see Rule 6.3, F.A.R., 32 F.S.A.

Esperti v. State

276 So. 2d 58

District Court of Appeal of Florida | Filed: Mar 21, 1973 | Docket: 1439131

Cited 14 times | Published

of the spring term of court. Florida Statute § 924.071, F.S.A., authorizes the State to appeal motions

State v. Brooks

281 So. 2d 55

District Court of Appeal of Florida | Filed: Jul 25, 1973 | Docket: 1676554

Cited 13 times | Published

state interlocutorily appeals, pursuant to F.S. § 924.071, the granting of a motion to suppress. Patrolmen

State v. Profera

239 So. 2d 867

District Court of Appeal of Florida | Filed: Oct 9, 1970 | Docket: 1527725

Cited 13 times | Published

this interlocutory appeal under F.S. 1967, section 924.071, F.S.A., for the purpose of reviewing an order

Blore v. Fierro

636 So. 2d 1329, 1994 WL 192202

Supreme Court of Florida | Filed: May 19, 1994 | Docket: 1715301

Cited 11 times | Published

140, as stated by the district court, but by section 924.071(1), Florida Statutes (1991). This latter finding

State v. Jenkins

389 So. 2d 971

Supreme Court of Florida | Filed: Jul 24, 1980 | Docket: 1683034

Cited 11 times | Published

Cannon court rejected the contention that section 924.071(2), Florida Statutes, grants the state an automatic

State v. Spanierman

267 So. 2d 102

District Court of Appeal of Florida | Filed: Sep 13, 1972 | Docket: 1481788

Cited 11 times | Published

McNULTY, Judge. The state appeals, pursuant to § 924.071, F.S. 1969, F.S.A., from an interlocutory order

Carroll v. State

251 So. 2d 866

Supreme Court of Florida | Filed: Jul 12, 1971 | Docket: 459345

Cited 11 times | Published

afforded the state is contained in Fla. Stat. § 924.071, F.S.A., providing in pertinent part: "(1) The

Bryant v. Blount

261 So. 2d 847

District Court of Appeal of Florida | Filed: May 2, 1972 | Docket: 1358248

Cited 10 times | Published

Section 149, Laws of Florida, now carried as Section 924.071, Florida Statutes, F.S.A. The 1970 law, so

State v. McMahon

94 So. 3d 468, 37 Fla. L. Weekly Supp. 259, 2012 WL 1123738, 2012 Fla. LEXIS 641

Supreme Court of Florida | Filed: Apr 5, 2012 | Docket: 60310893

Cited 9 times | Published

forth in section 924.071, Florida Statutes (2009), are not applicable in this case. Section 924.071 provides

Tucker v. State

357 So. 2d 719

Supreme Court of Florida | Filed: Apr 5, 1978 | Docket: 453833

Cited 9 times | Published

during the pendency of its appeal by virtue of Section 924.071(2), Florida Statutes (1973). Although the district

State Ex Rel. Harrington v. Genung

300 So. 2d 271

District Court of Appeal of Florida | Filed: Aug 2, 1974 | Docket: 1434118

Cited 9 times | Published

release on his own recognizance pursuant to Florida Statute 924.071(2). The trial court on this application

State v. Custer

251 So. 2d 287

District Court of Appeal of Florida | Filed: Jul 9, 1971 | Docket: 459321

Cited 8 times | Published

McNULTY, Judge. The state appeals pursuant to F.S. § 924.071, 1969, F.S.A., from an interlocutory order suppressing

State v. Custer

251 So. 2d 287

District Court of Appeal of Florida | Filed: Jul 9, 1971 | Docket: 459321

Cited 8 times | Published

McNULTY, Judge. The state appeals pursuant to F.S. § 924.071, 1969, F.S.A., from an interlocutory order suppressing

State v. Jackson

240 So. 2d 88

District Court of Appeal of Florida | Filed: Oct 20, 1970 | Docket: 450352

Cited 8 times | Published

by the State of Florida is taken pursuant to § 924.071(1) Fla. Stat., F.S.A., which permits interlocutory

State v. Ramos

378 So. 2d 1294

District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 1795414

Cited 7 times | Published

which appeal we have jurisdiction to entertain. § 924.071, Fla. Stat. (1977). II The Fourth Amendment to

State v. Cannon

332 So. 2d 127

District Court of Appeal of Florida | Filed: May 14, 1976 | Docket: 2580218

Cited 7 times | Published

it is obvious that the portion of Fla. Stat. § 924.071(2), which provides for an automatic stay during

In Re Florida Appellate Rules

211 So. 2d 198

Supreme Court of Florida | Filed: Sep 20, 1968 | Docket: 1475344

Cited 7 times | Published

court is located. "b. Appeals pursuant to Section 924.071, Florida Statutes 1967, shall be taken within

State v. Williams

386 So. 2d 27

District Court of Appeal of Florida | Filed: Jun 27, 1980 | Docket: 1518300

Cited 6 times | Published

suppress her confession. We have jurisdiction. § 924.071(1), Fla. Stat. (1979). We agree that the confession

State v. Smith

254 So. 2d 402

District Court of Appeal of Florida | Filed: Nov 18, 1971 | Docket: 1703362

Cited 6 times | Published

statute as its own (as it did with regard to Section 924.071), the purported enactment is void. Article

State v. Henry

390 So. 2d 92

District Court of Appeal of Florida | Filed: Oct 28, 1980 | Docket: 2587290

Cited 5 times | Published

remanded. NOTES [1] The appeal is authorized by Section 924.071(1), Florida Statutes (1979), and Fla.R. App

State v. Neri

290 So. 2d 500

District Court of Appeal of Florida | Filed: Feb 22, 1974 | Docket: 1313714

Cited 5 times | Published

to authority granted in Florida Statutes, Section 924.071, F.S.A. The sole question for our determination

State v. Woodard

280 So. 2d 700

District Court of Appeal of Florida | Filed: Jul 25, 1973 | Docket: 1291433

Cited 5 times | Published

suppress, pursuant to the authority granted in F.S. § 924.071, F.S.A. Clinton Woodard, appellee, was observed

State v. Bryant

250 So. 2d 344

District Court of Appeal of Florida | Filed: Jul 9, 1971 | Docket: 1521392

Cited 5 times | Published

McNULTY, Judge. The state appeals pursuant to § 924.071, F.S. 1969, F.S.A., from an interlocutory order

State v. Williams

227 So. 2d 253

District Court of Appeal of Florida | Filed: Oct 3, 1969 | Docket: 1723629

Cited 5 times | Published

violates the legislative intent behind Fla. Stat. § 924.071, 1967, in that its enumeration of the instances

State v. Pearce

336 So. 2d 1274

District Court of Appeal of Florida | Filed: Sep 24, 1976 | Docket: 1721126

Cited 4 times | Published

the State's interlocutory appeal, pursuant to § 924.071, F.S., from an earlier order granting appellees'

Schuty v. State

281 So. 2d 507

District Court of Appeal of Florida | Filed: Aug 23, 1973 | Docket: 1676744

Cited 4 times | Published

the defendant except as provided in F.S., Section 924.071(2), F.S.A., or when the appeal is from an order

Tucker v. State

344 So. 2d 284

District Court of Appeal of Florida | Filed: Apr 1, 1977 | Docket: 474721

Cited 3 times | Published

(Fla.2d DCA 1974). [2] The state asserts that § 924.071(2), Fla. Stat.(1973) allows an automatic stay

State v. Harwood

488 So. 2d 901, 11 Fla. L. Weekly 1175

District Court of Appeal of Florida | Filed: May 22, 1986 | Docket: 1287530

Cited 2 times | Published

which latter order is clearly appealable under section 924.071(1), Florida Statutes (1985), or alternatively

State v. Smail

346 So. 2d 641

District Court of Appeal of Florida | Filed: Jun 3, 1977 | Docket: 1411195

Cited 2 times | Published

interlocutory appeal was taken pursuant to Section 924.071, Florida Statutes (1975), which reads as follows:

State v. Bookout

281 So. 2d 215

District Court of Appeal of Florida | Filed: Aug 6, 1973 | Docket: 1262117

Cited 2 times | Published

and the State has appealed pursuant to F.S. Section 924.071(1), F.S.A. On September 13, 1971, Shawnee Airlines

State v. MK

786 So. 2d 24, 2001 WL 420601

District Court of Appeal of Florida | Filed: Apr 26, 2001 | Docket: 1681939

Cited 1 times | Published

contends that the appeal is authorized by section 924.071(1)(k), but this statute applies exclusively

Fontana v. Rice

644 So. 2d 502, 1994 WL 585658

Supreme Court of Florida | Filed: Oct 27, 1994 | Docket: 1672159

Cited 1 times | Published

petition to be grounded at least in part on section 924.071(2), Florida Statutes (1991).[1] The district

Wingert v. State

353 So. 2d 643

District Court of Appeal of Florida | Filed: Dec 27, 1977 | Docket: 1521885

Cited 1 times | Published

Statutes and the Florida Appellate Rules. Section 924.071(1), Florida Statutes (1975); and Fla.App. Rule

State of Florida v. Thomas Michael Pastor, Jr.

District Court of Appeal of Florida | Filed: Aug 22, 2025 | Docket: 71174495

Published

jurisdiction. See Art. V, § 4(b)(1), Fla. Const.; § 924.071, Fla. Stat.; Fla. R. App. P. 9.140(c)(1)(B). We

State v. EFREN YERO

District Court of Appeal of Florida | Filed: Jan 13, 2021 | Docket: 29102113

Published

(citations omitted); see also § 924.07, Fla. Stat; § 924.071, Fla. Stat.; Fla. R. App. P. 9.140(c). Further

State v. M.K.

786 So. 2d 24, 2001 Fla. App. LEXIS 5560

District Court of Appeal of Florida | Filed: Apr 26, 2001 | Docket: 64805660

Published

contends that the appeal is authorized by section 924.071(1)(k), but this statute applies exclusively

I.T. v. State

694 So. 2d 720, 22 Fla. L. Weekly Supp. 244, 1997 Fla. LEXIS 604

Supreme Court of Florida | Filed: May 8, 1997 | Docket: 64774062

Published

sections of chapter 924: section 924.07 and section 924.071.2 Our holding was specifically limited to the

State v. Fudge

645 So. 2d 23, 1994 Fla. App. LEXIS 9827, 1994 WL 558860

District Court of Appeal of Florida | Filed: Oct 14, 1994 | Docket: 64752141

Published

verdict. Thus, no appeal is authorized by section 924.071. Moreover, we do not find it otherwise reviewable

Fontana v. Rice

630 So. 2d 1141, 1993 Fla. App. LEXIS 11158, 1993 WL 452211

District Court of Appeal of Florida | Filed: Nov 3, 1993 | Docket: 64746002

Published

least in part, in the following language from section 924.071(2), Florida Statutes (1991): An appeal by the

State v. Fry

621 So. 2d 529, 1993 Fla. App. LEXIS 7310, 1993 WL 247116

District Court of Appeal of Florida | Filed: Jul 9, 1993 | Docket: 64697658

Published

legislature, we must look to general law. Section 924.071(1), Florida Statutes (1991), permits appeals

State v. Lapinski

535 So. 2d 716, 14 Fla. L. Weekly 122, 1989 Fla. App. LEXIS 22, 1989 WL 163

District Court of Appeal of Florida | Filed: Jan 5, 1989 | Docket: 64639280

Published

REMANDED. ORFINGER and DANIEL, JJ., concur. . See § 924.071(1), Fla.Stat.

State v. Dean

532 So. 2d 712, 13 Fla. L. Weekly 2053, 1988 Fla. App. LEXIS 3829, 1988 WL 89729

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 64637893

Published

narcotics case. We have jurisdiction under section 924.071(1), Florida Statutes (1985). The question in

State v. C.C.

476 So. 2d 144, 10 Fla. L. Weekly 435, 1985 Fla. LEXIS 3672

Supreme Court of Florida | Filed: Aug 29, 1985 | Docket: 64614500

Published

given the right to appeal such an order by section 924.071(1). To the extent that such an order is nonfinal

State v. Lopez

402 So. 2d 1189, 1981 Fla. App. LEXIS 19197

District Court of Appeal of Florida | Filed: Apr 8, 1981 | Docket: 64584808

Published

tribunal only by order of the lower tribunal. Section 924.071(2), Florida Statutes (1979), provides for an

State v. Villavicencio

381 So. 2d 256, 1980 Fla. App. LEXIS 15416

District Court of Appeal of Florida | Filed: Jan 4, 1980 | Docket: 64575063

Published

to rely on the automatic stay provisions of Section 924.071(2), Florida Statutes (1977). *257We have previously

State v. D'Amato

358 So. 2d 575, 1978 Fla. App. LEXIS 15886

District Court of Appeal of Florida | Filed: May 4, 1978 | Docket: 64564343

Published

under review must be affirmed. Affirmed. . See § 924.071, Fla.Stat. (1967). . “THIS CAUSE having come

Esperti v. Wainwright

447 F. Supp. 1289, 1978 U.S. Dist. LEXIS 18983

District Court, M.D. Florida | Filed: Mar 16, 1978 | Docket: 66132900

Published

District Court of Appeal pursuant to Fla.Stat. § 924.071. The petitioner at the same time filed a cross-appeal

Jenkins v. State

349 So. 2d 1192, 1977 Fla. App. LEXIS 16328

District Court of Appeal of Florida | Filed: Sep 6, 1977 | Docket: 64560269

Published

specially: This court has previously held that Section 924.071(2), Florida Statutes (1975), does not automatically

State v. Warren

329 So. 2d 383, 1976 Fla. App. LEXIS 14061

District Court of Appeal of Florida | Filed: Apr 2, 1976 | Docket: 64553015

Published

Florida, by this interlocutory appeal pursuant to F.S. 924.071, seeks our review of an order of the trial judge

State v. Williams

303 So. 2d 74, 1974 Fla. App. LEXIS 8259

District Court of Appeal of Florida | Filed: Nov 19, 1974 | Docket: 64542484

Published

CURIAM. By this interlocutory appeal, pursuant to § 924.071(1), Fla.Stat., we are called upon to review the

State v. Sexton

283 So. 2d 578, 1973 Fla. App. LEXIS 6660

District Court of Appeal of Florida | Filed: Aug 29, 1973 | Docket: 64534730

Published

the search and seizure. Florida Statutes, Section 924.071, F.S.A., provides that: “The state may appeal

State v. Lampley

271 So. 2d 783, 1973 Fla. App. LEXIS 7493

District Court of Appeal of Florida | Filed: Jan 3, 1973 | Docket: 64529854

Published

favor of the defendant except as provided in § 924.-071(2), or when the appeal is from an order granting

State v. Olson

267 So. 2d 878, 1972 Fla. App. LEXIS 6214

District Court of Appeal of Florida | Filed: Oct 18, 1972 | Docket: 64528194

Published

McNULTY, Judge. The state appeals pursuant to § 924.071, F.S.1969, F.S.A., from an interlocutory order

State v. Bond

255 So. 2d 541

District Court of Appeal of Florida | Filed: Dec 16, 1971 | Docket: 64523467

Published

appeal, pursuant to the provisions of F.S. section 924.071(1), F.S.A., of a pretrial order suppressing

State v. Ansley

251 So. 2d 42

District Court of Appeal of Florida | Filed: Jul 28, 1971 | Docket: 64521604

Published

McNULTY, Judge. The state appeals pursuant to § 924.071, F.S. 1969, F.S.A. from an order suppressing certain

State v. Dycus

238 So. 2d 493, 1970 Fla. App. LEXIS 6012

District Court of Appeal of Florida | Filed: Aug 7, 1970 | Docket: 64516239

Published

brings this interlocutory appeal, pursuant to § 924.071(1), F.S.A., to review an order of the trial court

State v. Budnick

237 So. 2d 825, 1970 Fla. App. LEXIS 6242

District Court of Appeal of Florida | Filed: Jul 17, 1970 | Docket: 64515899

Published

order in granting the motion to suppress. F.S. § 924.071, F.S.A. provides that “the state may appeal from

State v. Pressley

234 So. 2d 734, 1970 Fla. App. LEXIS 6561

District Court of Appeal of Florida | Filed: Apr 28, 1970 | Docket: 64514425

Published

6.3, Florida Appellate Rules, 32 F.S.A., and § 924.071, Fla. Stat., F.S.A., from a pretrial order which

State v. Williams

227 So. 2d 331, 1969 Fla. App. LEXIS 5090

District Court of Appeal of Florida | Filed: Sep 29, 1969 | Docket: 64511798

Published

authorized in this chapter.” . F.S.1967, Section 924.071, F.S.A. . Section 129, City Ordinance, City

State v. Jones

222 So. 2d 216, 1969 Fla. App. LEXIS 5771

District Court of Appeal of Florida | Filed: Apr 29, 1969 | Docket: 64509624

Published

appeal by the State of Florida, authorized by § 924.071 Fla.Stat., F.S.A., from an order of the criminal

State v. Jones

219 So. 2d 712, 1969 Fla. App. LEXIS 6195

District Court of Appeal of Florida | Filed: Mar 4, 1969 | Docket: 64508780

Published

appeal taken by the State of Florida pursuant to § 924.071 Fla.Stat. F.S.A. from an order suppressing a quantity

State v. McKinney

212 So. 2d 761, 1968 Fla. LEXIS 2179

Supreme Court of Florida | Filed: Jul 17, 1968 | Docket: 64506207

Published

the state has appealed pursuant to Fla.Stat. § 924.071 [F.S.A.] from an order which suppressed the ‘cocaine’

State v. Hughes

212 So. 2d 65, 1968 Fla. App. LEXIS 5252

District Court of Appeal of Florida | Filed: Jul 2, 1968 | Docket: 64505910

Published

interlocutory order in a criminal matter pursuant to § 924.-071(1), Fla.Stat., 1967, F.S.A.1 The order in question