Florida Statutes

Fla. Stat. § 34.13 (2025)

Method of prosecution.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1980–2024 · leading case: Carr v. Bell, 492 F. Supp. 832 (N.D. Fla. 1980).

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Carr v. Bell, 492 F. Supp. 832 (N.D. Fla. 1980). · cites it 2× “I find they did. Although Mr. Huckaby did not take Mr.”

Ivory v. State, 588 So. 2d 1007 (Fla. 5th DCA 1991). “Among the revisions was the addition, for the first time, of a definition of when prosecution commences. The state contends the "affidavit" referred to in the former statute was merely the affidavit or complaint allowed in county court as a method of prosecution.”

Williams v. State, 742 So. 2d 496 (Fla. 1st DCA 1999). “See §§ 34.13(1), 932.47, 932.48, Fla. Stat. Similarly with regard to juveniles, a statute provides that "[a]ll proceedings seeking a finding that a child has committed a delinquent act or violation of law shall be initiated by the state by the filing of a petition for…”

Schlosser v. Coleman, 818 F. Supp. 1534 (M.D. Fla. 1993). “Florida Statutes, section 34.13 (1991) states that a county court judge shall issue arrest warrants upon submission of affidavits from the state attorney.”

City of Miami Beach v. Adalberto Cosme (Fla. 3d DCA 2024). · cites it 2× “See § 34.13(5), Fla. Stat. (2023) (“Municipal prosecutors may prosecute violations of municipal ordinances.”

— 34.13(1) — 1 case

— 34.13(4) — 1 case

Carr v. Bell, 492 F. Supp. 832 (N.D. Fla. 1980). “I find they did. Although Mr. Huckaby did not take Mr.”

— 34.13(5) — 1 case

City of Miami Beach v. Adalberto Cosme (Fla. 3d DCA 2024). “See § 34.13(5), Fla. Stat. (2023) (“Municipal prosecutors may prosecute violations of municipal ordinances.”

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