Florida Statute 910.035 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 910
JURISDICTION AND VENUE

View Entire Chapter

F.S. 910.035

910.035 Transfer from county for plea, sentence, or participation in a problem-solving court.—

(1) INDICTMENT OR INFORMATION PENDING.—A defendant arrested or held in a county other than that in which an indictment or information is pending against him or her may state in writing that he or she wishes to plead guilty or nolo contendere, to waive trial in the county in which the indictment or information is pending, and to consent to disposition of the case in the county in which the defendant was arrested or is held, subject to the approval of the prosecuting attorney of the court in which the indictment or information is pending. Upon receipt of the defendant’s statement and the written approval of the prosecuting attorney, the clerk of the court in which the indictment or information is pending shall transmit the papers in the proceeding, or certified copies thereof, to the clerk of the court of competent jurisdiction for the county in which the defendant is held, and the prosecution shall continue in that county upon the information or indictment originally filed. In the event a fine is imposed upon the defendant in that county, two-thirds thereof shall be returned to the county in which the indictment or information was originally filed.

(2) INDICTMENT OR INFORMATION NOT PENDING.—A defendant arrested on a warrant issued upon a complaint in a county other than the county of arrest may state in writing that he or she wishes to plead guilty or nolo contendere, to waive trial in the county in which the warrant was issued, and to consent to disposition of the case in the county in which the defendant was arrested, subject to the approval of the prosecuting attorney of the court in which the indictment or information is pending. Upon receipt of the defendant’s statement and the written approval of the prosecuting attorney, and upon the filing of an information or the return of an indictment, the clerk of the court from which the warrant was issued shall transmit the papers in the proceeding, or certified copies thereof, to the clerk of the court of competent jurisdiction in the county in which the defendant was arrested, and the prosecution shall continue in that county upon the information or indictment originally filed.

(3) EFFECT OF NOT GUILTY PLEA.—If, after the proceeding has been transferred pursuant to subsection (1) or subsection (2), the defendant pleads not guilty, the clerk shall return the papers to the court in which the prosecution was commenced, and the proceeding shall be restored to the docket of that court. The defendant’s statement that he or she wishes to plead guilty or nolo contendere shall not be used against the defendant.

(4) APPEARANCE IN RESPONSE TO A SUMMONS.—For the purpose of initiating a transfer under this section, a person who appears in response to a summons shall be treated as if he or she had been arrested on a warrant in the county of such appearance.

(5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—

(a) For purposes of this subsection, the term “problem-solving court” means a drug court pursuant to s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans treatment court program pursuant to s. 394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; or a delinquency pretrial intervention court program pursuant to s. 985.345.

(b) Any person eligible for participation in a problem-solving court shall, upon request by the person or a court, have the case transferred to a county other than that in which the charge arose if the person agrees to the transfer, the authorized representative of the trial court consults with the authorized representative of the problem-solving court in the county to which transfer is desired, and both representatives agree to the transfer.

(c) If all parties agree to the transfer as required by paragraph (b), the trial court shall enter a transfer order directing the clerk to transfer the case to the county which has accepted the defendant into its problem-solving court.

(d)1. When transferring a pretrial problem-solving court case, the transfer order shall include a copy of the probable cause affidavit; any charging documents in the case; all reports, witness statements, test results, evidence lists, and other documents in the case; the defendant’s mailing address and telephone number; and the defendant’s written consent to abide by the rules and procedures of the receiving county’s problem-solving court.

2. When transferring a postadjudicatory problem-solving court case, the transfer order shall include a copy of the charging documents in the case; the final disposition; all reports, test results, and other documents in the case; the defendant’s mailing address and telephone number; and the defendant’s written consent to abide by the rules and procedures of the receiving county’s problem-solving court.

(e) After the transfer takes place, the receiving clerk shall set the matter for a hearing before the problem-solving court in the receiving jurisdiction to ensure the defendant’s entry into the problem-solving court.

(f) Upon successful completion of the problem-solving court program, the jurisdiction to which the case has been transferred shall dispose of the case. If the defendant does not complete the problem-solving court program successfully, the jurisdiction to which the case has been transferred shall dispose of the case within the guidelines of the Criminal Punishment Code.

History.—s. 1, ch. 72-45; s. 1514, ch. 97-102; s. 2, ch. 2001-48; s. 7, ch. 2006-97; s. 1, ch. 2015-178; s. 12, ch. 2016-127; s. 144, ch. 2019-167; s. 3, ch. 2021-240.

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Amendments to 910.035

Arrestable Offenses / Crimes under Fla. Stat. 910.035

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 910.035.

Annotations, Discussions, Cases:

Cases Citing Statute 910.035

Total Results: 9

In Re AMENDMENTS TO the FLORIDA RULES OF JUVENILE PROCEDURE

Court: Fla. | Date Filed: 2015-09-17T00:00:00-07:00

Citation: 175 So. 3d 263, 40 Fla. L. Weekly Supp. 485, 2015 Fla. LEXIS 1976, 2015 WL 5445986

Snippet: purpose-of transferring the case, under section 910.035,-Florida Statutesas provided by law, may file a

State v. Owens

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-24T00:00:00-07:00

Citation: 93 So. 3d 492, 2012 WL 3013532, 2012 Fla. App. LEXIS 11872

Snippet: v. Savage, 509 So.2d 1097 (Fla.1987)). Section 910.035(1), Florida Statutes (2011), reads in pertinent… indictment or information is pending. Section 910.035(1), Florida Statutes (2011) (emphasis added). The…on the basis of judicial economy under section 910.035(1), reasoning: Although consolidation may be more

State v. Losada

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-13T00:00:00-07:00

Citation: 89 So. 3d 1104, 2012 WL 2120864, 2012 Fla. App. LEXIS 9477

Snippet: 2011), provides that “Except as provided in s. 910.035 or in subsection (2), criminal prosecutions shall…is being held to allow him to enter his plea. § 910.035(1). Additionally, rule 3.240(a), Florida Rules

In re Amendments to the Florida Rules of Criminal Procedure

Court: Fla. | Date Filed: 2007-06-21T00:00:00-07:00

Citation: 959 So. 2d 250, 32 Fla. L. Weekly Supp. 389, 2007 Fla. LEXIS 1103, 2007 WL 1774440

Snippet: participating in a drug court program pursuant to section 910.035, Florida Statutes (2006), to file a motion to withdraw…the purpose of transferring a case under section 910.035 may file a motion to withdraw the plea upon successful…purpose of transferring the case, under section 910.035, Florida Statutes, may file a motion to withdraw… of transferring the case, pursuant to section 910.035, Florida Statutes, may file a motion to withdraw…purpose of transferring the case, under section 910.035, Florida Statutes, may file a motion to withdraw

Sailor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-04-23T00:53:00-07:00

Citation: 733 So. 2d 1057

Snippet: guilty or nolo contendere in another county, see § 910.035, Fla. Stat. (1995), but it does not contain any

Leon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-18T00:00:00-07:00

Citation: 695 So. 2d 1265, 1997 Fla. App. LEXIS 6726, 1997 WL 330614

Snippet: constitutional provision that: “Except as provided in s. 910.035 or in subsection (2), criminal prosecutions shall

McCallum v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-27T00:00:00-08:00

Citation: 591 So. 2d 318, 1991 Fla. App. LEXIS 12769, 1991 WL 275591

Snippet: requirements for waiver were indeed met. Section 910.035, Fla.Stat. (1989). We therefore return the entire

Martin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1986-05-16T00:00:00-07:00

Citation: 488 So. 2d 653, 11 Fla. L. Weekly 1146, 1986 Fla. App. LEXIS 7854

Snippet: Florida Statutes, states: Except as provided in s. 910.035 criminal prosecutions shall be tried in the county

Bates v. Slaughter

Court: Fla. Dist. Ct. App. | Date Filed: 1977-06-21T00:00:00-07:00

Citation: 347 So. 2d 764, 1977 Fla. App. LEXIS 16170

Snippet: authorities in Duval County. On the basis *765of Section 910.035(1), Florida Statutes (1975), Bates moved to transfer…suggestion with which we are concerned. Section 910.035(1) provides: “(1) INDICTMENT OR INFORMATION PENDING…contends that once the prerequisites of Section 910.035(1) are satisfied the Clerk must transfer the file… Duval County. We find no authority in Section 910.035(1) to transfer this case to Hillsborough County