Florida Statute 34.13 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 34
COUNTY COURTS

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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.

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Amendments to 34.13

Annotations, Discussions, Cases:

Cases Citing Statute 34.13

Total Results: 5

Carr v. Bell

492 F. Supp. 832, 1980 U.S. Dist. LEXIS 13903

District Court, N.D. Florida | Filed: Jun 18, 1980 | Docket: 2156089

Cited 10 times | Published

misdemeanor by complaint made upon an affidavit. § 34.13(4), Fla.Stat. (1975). Mr. Huckaby's complaint was

Ivory v. State

588 So. 2d 1007, 1991 WL 194181

District Court of Appeal of Florida | Filed: Oct 3, 1991 | Docket: 1297406

Cited 5 times | Published

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

Schlosser v. Coleman

818 F. Supp. 1534, 1993 WL 127720

District Court, M.D. Florida | Filed: Apr 20, 1993 | Docket: 978633

Cited 1 times | Published

to his judicial functions. Florida Statutes, section 34.13 (1991) states that a county court judge shall

City of Miami Beach v. Adalberto Cosme

District Court of Appeal of Florida | Filed: Feb 7, 2024 | Docket: 68230732

Published

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

Schlosser v. Coleman

818 F. Supp. 1534, 1993 U.S. Dist. LEXIS 5500

District Court, M.D. Florida | Filed: Apr 20, 1993 | Docket: 65983649

Published

to his judicial functions. Florida Statutes, section 34.13 (1991) states that a county court judge shall