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Florida Statute 34.13 | Lawyer Caselaw & Research
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F.S. 34.13 Case Law from Google Scholar Google Search for Amendments to 34.13

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 34
COUNTY COURTS
View Entire Chapter
F.S. 34.13
34.13 Method of prosecution.—
(1) All persons tried in the county court on any criminal charge shall be tried upon indictment by the grand jury, upon information filed by the prosecuting attorney, or upon affidavit or complaint.
(2) Upon the finding of indictments by the grand jury for crimes cognizable by the county court, the clerk of the court, without any order therefor, shall docket the same on the trial docket of the county court.
(3) The state attorney is authorized to sign affidavits before the judge of the county court when the state attorney has evidence to support such affidavit for a criminal charge over which such court has jurisdiction. The judge shall issue arrest warrants upon such affidavit as is done in all other cases. This procedure shall be cumulative to all other practice and procedure before such courts.
(4) Upon complaint made on affidavit to any county court that any misdemeanor has been committed, the county court judge may issue a warrant on the usual form, making it returnable before himself or herself or another county court judge.
(5) Municipal prosecutors may prosecute violations of municipal ordinances.
(6) Any circuit court clerk acting as clerk of the county court, or any deputy county court clerk appointed for the sole purpose of issuing arrest warrants, or any county court clerk, may, at municipal expense, administer an oath to and take affidavit of any person charging another person with a violation of a municipal ordinance and may issue a warrant on the usual form, making it returnable to the appropriate county court judge. The authority granted to a clerk or deputy clerk under this section shall be subordinate to that of any state judge.
History.—s. 9, ch. 3730, 1887; RS 2837; GS 3894; RGS 5989; CGL 8283; s. 13, ch. 72-404; s. 2, ch. 73-297; s. 197, ch. 95-147; s. 53, ch. 2003-402; s. 6, ch. 2013-25.

F.S. 34.13 on Google Scholar

F.S. 34.13 on Casetext

Amendments to 34.13


Arrestable Offenses / Crimes under Fla. Stat. 34.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 34.13.

Annotations, Discussions, Cases:

Cases Citing Statute 34.13

Total Results: 9

City of Miami Beach v. Adalberto Cosme

Court: District Court of Appeal of Florida | Date Filed: 2024-02-07

Snippet: prosecute violations of municipal ordinances. See § 34.13(5), Fla. Stat. (2023) (“Municipal prosecutors may

IN RE: FINAL REPORT OF THE 20TH STATEWIDE GRAND JURY CASE 8 vs

Court: District Court of Appeal of Florida | Date Filed: 2022-06-15

Snippet: “inconsistent with the provisions of” the Act. § 905.34(13), Fla. Stat. (2018). The strong interest in

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-10-06

Citation: 742 So. 2d 496, 1999 WL 790693

Snippet: prosecuting officer of the court"(emphasis added). See §§ 34.13(1), 932.47, 932.48, Fla. Stat. Similarly with regard

MEMORIAL HOSPITAL-WEST v. News-Journal

Court: Supreme Court of Florida | Date Filed: 1999-01-21

Citation: 729 So. 2d 373, 24 Fla. L. Weekly Supp. 52, 27 Media L. Rep. (BNA) 1353, 1999 Fla. LEXIS 48, 1999 WL 20562

Snippet: facility was taken out of service. Report, app. at 34. [13] The special act has been amended several times

Ivory v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-10-03

Citation: 588 So. 2d 1007, 1991 WL 194181

Snippet: county court as a method of prosecution. See § 34.13 (all persons tried in county court on criminal charges

Martin v. Marlin

Court: District Court of Appeal of Florida | Date Filed: 1988-07-12

Citation: 529 So. 2d 1174, 1988 WL 70725

Snippet: separately.'"); DesLauries v. Shea, 300 Mass. 30, 33-34, 13 N.E.2d 932, 935 (1938) ("The evidence in this case

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-11-09

Snippet: that starts off both processes. For example, s 34.13(4), F.S., provides for the commencement of a prosecution

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-03-25

Snippet: V, ss. 17 and 20(c)(12), State Const., and s. 34.13(5), F.S. Section 17 is principally concerned with

Segal v. Simpson

Court: Supreme Court of Florida | Date Filed: 1960-07-06

Citation: 121 So. 2d 790

Snippet: Section 561.34(13) (a) Florida Statutes 1959, F.S.A. and provides as follows: 561.34 "13. (a) Any person