§ 924.07, Fla. Stat. · Chapter 924. CRIMINAL APPEALS AND COLLATERAL REVIEW
Appeal by state.
Text — 2026 Florida Statutes
(1) The state may appeal from:
(a) An order dismissing an indictment or information or any count thereof or dismissing an affidavit charging the commission of a criminal offense, the violation of probation, the violation of community control, or the violation of any supervised correctional release.
(b) An order granting a new trial.
(c) An order arresting judgment.
(d) A ruling on a question of law when the defendant is convicted and appeals from the judgment. Once the state’s cross-appeal is instituted, the appellate court shall review and rule upon the question raised by the state regardless of the disposition of the defendant’s appeal.
(e) The sentence, on the ground that it is illegal.
(f) A judgment discharging a prisoner on habeas corpus.
(g) An order adjudicating a defendant insane under the Florida Rules of Criminal Procedure.
(h) All other pretrial orders, except that it may not take more than one appeal under this subsection in any case.
(i) A sentence imposed below the lowest permissible sentence established by the Criminal Punishment Code under chapter 921.
(j) A ruling granting a motion for judgment of acquittal after a jury verdict.
(k) An order denying restitution under s. 775.089.
(l) An order or ruling suppressing evidence or evidence in limine at trial.
(m) An order withholding adjudication of guilt in violation of s. 775.08435.
(n) The sentence in a case of capital sexual battery on the ground that it resulted from the circuit court’s failure to comply with sentencing procedures under s. 921.1425, including by striking a notice of intent to seek the death penalty, refusing to impanel a capital jury, or otherwise granting relief that prevents the state from seeking a sentence of death.
(o) The sentence in a case of capital human trafficking of vulnerable persons for sexual exploitation on the ground that it resulted from the circuit court’s failure to comply with sentencing procedures under s. 921.1427, including by striking a notice of intent to seek the death penalty, refusing to impanel a capital jury, or otherwise granting relief that prevents the state from seeking a sentence of death.
(2) An appeal under this section must embody all assignments of error in each pretrial order that the state seeks to have reviewed. The state shall pay all costs of the appeal except for the defendant’s attorney’s fee.
Notes and commentary — not statutory text
History
s. 286, ch. 19554, 1939; CGL 1940 Supp. 8663(296); s. 1, ch. 69-15; s. 148, ch. 70-339; s. 4, ch. 83-87; s. 46, ch. 87-243; s. 1, ch. 90-239; s. 14, ch. 93-37; s. 7, ch. 93-406; s. 7, ch. 96-248; s. 28, ch. 97-194; s. 14, ch. 98-204; s. 2, ch. 2004-60; s. 5, ch. 2023-25; s. 9, ch. 2025-156.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0924/0924.html
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- sha256 f6cd963ec4df1d25cddb3f0684773743388888f8a05515852ae990038ac55317
- Composed by
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 775.08435, Fla. Stat.Prohibition on withholding adjudication in felony cases.Printed as s. 775.08435
- § 775.089, Fla. Stat.Restitution.Printed as s. 775.089
- § 921.1425, Fla. Stat.Sentence of death or life imprisonment for capital sexual battery; further proceedings to determine sentence.Printed as s. 921.1425
- § 921.1427, Fla. Stat.Sentence of death or life imprisonment for capital human trafficking of vulnerable persons for sexual exploitation; further proceedings to determine sentence.Printed as s. 921.1427
Cited by 3 provisions
Provisions in this library whose text cites § 924.07, Fla. Stat.. Each shows the citation as that text prints it.
Florida Rules of Criminal Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.