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Florida Statute 902 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 902
PRELIMINARY HEARINGS
View Entire Chapter
CHAPTER 902
CHAPTER 902
PRELIMINARY HEARINGS
902.15 Undertaking by witness.
902.17 Procedure when witness does not give security.
902.19 When prosecutor liable for costs.
902.20 Contempts before committing trial court judge.
902.21 Commitment to jail in another county.
902.15 Undertaking by witness.—When a defendant is held to answer on a charge for a crime punishable by death or life imprisonment, the trial court judge at the preliminary hearing may require each material witness to enter into a written recognizance to appear at the trial or forfeit a sum fixed by the trial court judge. Additional security may be required in the discretion of the trial court judge.
History.—ss. 39, 40, ch. 19554, 1939; CGL 1940 Supp. 8663(39), (40); s. 16, ch. 70-339; s. 26, ch. 2004-11.
Note.—Former s. 902.16.
902.17 Procedure when witness does not give security.—
(1) If a witness required to enter into a recognizance to appear refuses to comply with the order, the trial court judge shall commit the witness to custody until she or he complies or she or he is legally discharged.
(2) If the trial court judge requires a witness to give security for her or his appearance and the witness is unable to give the security, the witness may apply to the court having jurisdiction to try the defendant for a reduction of the security.
(3) If it appears from examination on oath of the witness or any other person that the witness is unable to give security, the trial court judge or the court having jurisdiction to try the defendant shall make an order finding that fact, and the witness shall be detained pending application for her or his conditional examination. Within 3 days from the entry of the order, the witness shall be conditionally examined on application of the state or the defendant. The examination shall be by question and answer in the presence of the other party and counsel, and shall be transcribed by a court reporter or stenographer selected by the parties. At the completion of the examination the witness shall be discharged. The deposition of the witness may be introduced in evidence at the trial by the defendant, or, if the prosecuting attorney and the defendant and the defendant’s counsel agree, it may be admitted in evidence by stipulation. The deposition shall not be admitted on behalf of the state without the consent of the defendant.
(4) If a conditional examination is not made within 3 days, the witness shall be discharged.
(5) A witness detained for conditional examination shall be entitled to fees as a witness for the period of her or his commitment.
History.—s. 41, ch. 19554, 1939; CGL 1940 Supp. 8663(41); s. 17, ch. 70-339; s. 1471, ch. 97-102; s. 27, ch. 2004-11.
902.19 When prosecutor liable for costs.—
(1) If a person makes a complaint before a county court judge that a crime has been committed and is recognized by the county court judge to appear before the court having jurisdiction to give evidence of the crime and fails to appear, the person is liable for all costs occasioned by his or her complaint, and the county court judge may enter a judgment and execution for the costs as in other cases.
(2) A person who voluntarily appears before a grand jury, state attorney, or county court judge shall not be paid per diem or mileage as a witness unless the grand jury finds a true bill, the state attorney files an information, or the county court judge holds the party charged for trial.
(3) A person who voluntarily appears or has himself or herself summoned before a county court judge as a witness on the trial of a misdemeanor shall not be paid per diem or mileage as a witness unless the trial results in a conviction of the defendant.
History.—s. 43, ch. 19554, 1939; CGL 1940 Supp. 8663(43); s. 2, ch. 67-427; s. 18, ch. 70-339; s. 34, ch. 73-334; s. 1472, ch. 97-102; s. 17, ch. 2013-25.
902.20 Contempts before committing trial court judge.—A committing trial court judge holding a preliminary hearing shall have the same power to punish for contempts that she or he has while presiding at the trial of criminal cases.
History.—RS 2795; GS 3845; RGS 5940; CGL 8206; s. 19, ch. 70-339; s. 1473, ch. 97-102; s. 28, ch. 2004-11.
Note.—Former s. 932.04.
902.21 Commitment to jail in another county.—If a person is committed in a county where there is no jail, the committing trial court judge shall direct the sheriff to deliver the accused to a jail in another county.
History.—s. 7, ch. 6213, 1911; RS 2879; GS 3938; RGS 6039; CGL 8340; s. 20, ch. 70-339; s. 29, ch. 2004-11.
Note.—Former s. 932.39.

F.S. 902 on Google Scholar

F.S. 902 on Casetext

Amendments to 902


Arrestable Offenses / Crimes under Fla. Stat. 902
Level: Degree
Misdemeanor/Felony: First/Second/Third

S626.902 1a - FRAUD - AGENT REPRESENT OR AID UNAUTHORIZED INSURER - F: T
S626.902 1a - FRAUD - AGENT AID UNAUTH INSURER SUBSQ OFF - F: S
S626.902 1b - FRAUD - NON AGENT REP OR AID UNAUTHORIZED INSURER - F: T
S626.902 1b - FRAUD - NON AGENT AID UNAUTH INSURER SUBSQ OFF - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 902

Total Results: 20

Florida Citizens' Alliance, Inc. v. School Board of Indian River County

Court: District Court of Appeal of Florida | Date Filed: 2024-12-18

Snippet: form of a certification in accord with s. 90.902, or in the form of testimony, that diligent

Ekaterina Zakharova v. Innovative Technologies & Consulting Limited Corp.

Court: District Court of Appeal of Florida | Date Filed: 2024-11-27

Snippet: Inc. v. S. Fla. Reg’l Plan. Council, 447 So. 2d 902, 902 (Fla. 3d DCA 1984) (“Events occurring both before

Carlos De La Melena v. Joanna Patricia Montezuma Panez

Court: District Court of Appeal of Florida | Date Filed: 2024-11-22

Snippet: Dep’t of Educ., Div. of Voc. Rehab., 943 So. 2d 901, 902 (Fla.

Julio Rocael Aguilar Lopez v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: 853; see also State v. Contreras, 979 So. 2d 896, 902 (Fla. 2008) (recognizing that “[i]n Crawford, the

Dillon Mathew Voegele v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: unusual punishment. See, e.g., Adaway v. State, 902 So. 2d 746, 750 (Fla. 2005) (holding that life sentence

LEVEL 8 MANAGEMENT, INC., PIERRE ACCOUNTING, P. C. v. WILDFLOWER LEGACY AND WEALTH PLANNING, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

Snippet: Florida Department of Insurance, 597 So. 2d 900, 902 (Fla. 3d DCA 1992), and Estate of Vernon v. Bailey

Distressed Investments, LLC v. US Bank Trust, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2024-07-10

Snippet: 3d DCA 2014))); Martinez v. Giacobbe, 951 So. 2d 902, 903 (Fla. 3d DCA 2007) (holding reservation of jurisdiction

DENNIS M. SIMMONS v. STATE OF FLORIDA

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

Snippet: _ Case No. 6D2023-0902 Lower Tribunal No. CF03-002276-XX

Shannon Maurice Jackson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-26

Snippet: counsel. See Robinson v. State, 373 So. 2d 898, 902 (Fla. 1979) (noting that an appeal following a plea

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms—12.980(a), 12.980(f), 12.980(g), 12.980(i), 12.980(j), 12.980(n), 12.980(q), 12.980(t), and 12.980(w)

Court: Supreme Court of Florida | Date Filed: 2024-06-20

Snippet: Supreme Court Approved Family Law Form 12.902(d), must be completed and filed if you are asking

Palm Beach County School District v. Josaphat

Court: District Court of Appeal of Florida | Date Filed: 2024-06-12

Snippet: , Churchill v. DBI Servs., LLC, 361 So. 3d 896, 902 (Fla. 1st DCA 2019) (discussing same). This restriction

Hotel La Petite Muse, LLC v. Verzura Construction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-06-05

Snippet: (quoting Universal Beverages Holdings, Inc. v. Merkin, 902 So. 2d 288, 290 (Fla. 3d DCA 2005)). On

James Mack v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-04

Snippet: _________ Case No. 5D2023-0902 LT Case No. 2021-CF-008900-A

JEFFREY M. HASTINGS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-05-29

Snippet: court’s finding.” Brannon v. State, 320 So. 3d 898, 902 (Fla. 3d DCA 2021). When determining if a proffered

Progressive American Insurance Company v. Express Care of Belleview, LLC, Wright

Court: District Court of Appeal of Florida | Date Filed: 2024-05-24

Snippet: judgment in favor of the Insurer.”); Jordan v. Fehr, 902 So. 2d 198, 200–01 (Fla. 1st DCA 2005) (“Because

The Justice Administrative Commission v. Khurrum Wahid, Esq.

Court: District Court of Appeal of Florida | Date Filed: 2024-05-08

Snippet: ex parte under Andrews v. State, 243 So. 3d 899, 902 (Fla. 2018).

Alvaro Juan Silva v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-08

Snippet: conduct a de novo review. See In re Est. of Sterile, 902 So. 2d 915, 922 (Fla. 2d DCA 2005).

THOMAS HARGROVE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-19

Snippet: 2018) (quoting State v. Markus, 211 So. 3d 894, 902 (Fla. 2017) (internal quotations omitted)). “If no

BURLESON-CASTILLO, YEDERLINIC v. BRANCATO, HEALTH SERVICES MANAGEMENT, INC.

Court: District Court of Appeal of Florida | Date Filed: 2024-04-19

Snippet: (citing Blankfeld v. Richmond Health Care, Inc., 902 So. 2d 296, 297,

State of Florida v. Keith Alexander Times

Court: District Court of Appeal of Florida | Date Filed: 2024-04-10

Snippet: DCA 2019) (citing State v. Markus, 211 So. 3d 894, 902 (Fla. 2017)). 3 The Florida Supreme Court in