Florida Statute 38.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

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F.S. 38.05

38.05 Disqualification of judge on own motion.—Any judge may of his or her own motion disqualify himself or herself where, to the judge’s own knowledge, any of the grounds for a suggestion of disqualification, as named in s. 38.02, exist. The failure of a judge to so disqualify himself or herself under this section shall not be assignable as error or subject to review.

History.—s. 6, ch. 16053, 1933; CGL 1936 Supp. 4155(5); s. 6, ch. 63-559; s. 209, ch. 95-147.

F.S. 38.05 on Google Scholar

F.S. 38.05 on Casetext

Amendments to 38.05

Arrestable Offenses / Crimes under Fla. Stat. 38.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 38.05.

Annotations, Discussions, Cases:

Cases Citing Statute 38.05

Total Results: 20

R.V., a Juvenile v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-21T00:00:00-08:00

Snippet: B.J., Jul./Aug. 2004, at 38, 38. 5 then be received as a

THE STATE OF FLORIDA v. JEREMY ROJAS

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-03T23:53:00-08:00

Snippet: following a sentencing hearing, sentenced Swett to 38.5 years in prison. Shortly thereafter,

JAKARIS TAYLOR v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-11-11T23:53:00-08:00

Snippet: seven-year sentence. Id. at 237–38. 5 “The court instructed the

James Farmer v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-29T00:00:00-07:00

Citation: 268 So. 3d 1009

Snippet: . Stat. Ann. § 2B:20-1 (2018); N.M. Stat. Ann. § 38-5-1 (2018); N.Y. Jud. Law § 510 (McKinney 2018); N.C

Frank Special v. West Boca Medical Center

Court: Fla. | Date Filed: 2014-11-13T00:00:00-08:00

Citation: 160 So. 3d 1251, 39 Fla. L. Weekly Supp. 676, 2014 Fla. LEXIS 3320, 2014 WL 5856384

Snippet: the birth: Susan Special became pregnant at age 38. Five weeks before her due date, [Susan] underwent a

Schott v. Houcek

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-25T00:00:00-08:00

Citation: 77 So. 3d 919, 2012 Fla. App. LEXIS 853, 2012 WL 204467

Snippet: Tallahassee, 377 So.2d 1150, 1152 (Fla.1979); § 38.05, Fla. Stat. (2009). MAY, C.J., STEVENSON and GROSS

Bernal v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-30T00:00:00-08:00

Citation: 76 So. 3d 1112, 2011 Fla. App. LEXIS 20905, 2011 WL 6851177

Snippet: the court to impose a prison sentence of between 38.5 years (the lowest permissible sentence allowed by

Special v. Baux

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-16T00:00:00-08:00

Citation: 79 So. 3d 755, 2011 Fla. App. LEXIS 18090, 2011 WL 5554531

Snippet: . Facts Susan Special became pregnant at age 38. Five weeks before her due date, she underwent a cesarean

Small v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-02T00:00:00-08:00

Citation: 56 So. 3d 52, 2011 Fla. App. LEXIS 1040, 2011 WL 309571

Snippet: grand theft for an agreed concurrent sentence of 38.5 months, which he had already served, and the state

Special v. Baux

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-23T00:00:00-07:00

Citation: 52 So. 3d 682, 2010 Fla. App. LEXIS 9114, 2010 WL 2523942

Snippet: defendants’ witnesses. Susan Special became pregnant at 38. Five weeks before her due date, Susan underwent a cesarean

In Re Certification of Need for Additional Judges

Court: Fla. | Date Filed: 2010-02-25T00:00:00-08:00

Citation: 29 So. 3d 1110, 35 Fla. L. Weekly Supp. 139, 2010 Fla. LEXIS 259, 2010 WL 652999

Snippet: magistrates and associated administrative staff, 38.5 law clerks, 18.5 due process positions (i.e., court

Gordon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-23T00:53:00-07:00

Citation: 960 So. 2d 31

Snippet: bestowed on Root all the powers of a prosecutor. *38 Five factors lead to the conclusion that we should not

Rath v. Network Marketing, L.C.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-06T00:00:00-08:00

Citation: 944 So. 2d 485, 2006 Fla. App. LEXIS 20345, 2006 WL 3498427

Snippet: orders for disqualification under sections 38.02 or 38.05, dealing with disqualification due to consanguinity

Bush v. Holmes

Court: Fla. | Date Filed: 2006-01-04T23:53:00-08:00

Citation: 919 So. 2d 392

Snippet: participating in the program and their parents. See § 1002.38(5), Fla. Stat. (2005). In addition to requiring the… parental involvement requirements, section 1002.38(5) also requires the parent to ensure that the participating…assessments required pursuant to s. 1008.22." § 1002.38(5)(c), Fla. Stat. (2005).[4] A failure to comply with…results in a forfeiture of the scholarship. See § 1002.38(5)(d), Fla. Stat. (2005). However, unless forfeited…quot; required of a public school student, § 1002.38(5)(c), the private school's curriculum and teachers

Charles v. Dept. of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-08T23:53:00-08:00

Citation: 914 So. 2d 1

Snippet: 660 So.2d 705, 707-08 (Fla.1995). While section 38.05, Florida Statutes (2004), authorizes a judge to

State v. Jordan

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-25T00:53:00-07:00

Citation: 783 So. 2d 1179

Snippet: #39;s guilty plea. The defendant was sentenced to 38.5 years incarceration followed by 15 consecutive years

State v. Swett

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-06T00:53:00-07:00

Citation: 772 So. 2d 48

Snippet: the agreement the trial court sentenced Swett to 38.5 years incarceration, which was six months longer…trial court, in originally imposing a sentence of 38.5 years imprisonment, fully complied with the terms

Duer v. Moore

Court: Fla. Dist. Ct. App. | Date Filed: 2000-05-22T00:53:00-07:00

Citation: 765 So. 2d 743

Snippet: January 1, 1994, permitted a sentence of no more than 38.5 years. The court ruled: It is admittedly impossible

Medina v. Unemployment Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2000-01-05T00:00:00-08:00

Citation: 749 So. 2d 544, 2000 Fla. App. LEXIS 16

Snippet: 1993 and 1994 expired on July 1, 1995. See Ch. 92-38, § 5, at 346, Laws of Fla. Section 443.231(5)(b), Florida

Champion v. McDaniel

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-26T00:00:00-08:00

Citation: 740 So. 2d 17, 1999 Fla. App. LEXIS 3841, 1999 WL 162947

Snippet: responsible for its debt in the amount of $20,281.38; (5) appellee was to retain, as his sole property,