Florida Statute 923.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 923
FORM OF INDICTMENT AND OTHER FORMS

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923.02 Notice of setting case for trial.—The judge of any trial court may adopt as a rule of her or his court a rule requiring that at least 4 days before the sounding of the docket in criminal cases in any trial court, the clerk of said court shall send by United States mail, to the defendant, the defendant’s sureties, and the defendant’s attorney, if known, a notice in postcard form, reading as follows:

THE STATE OF FLORIDA

vs.

NOTICE OF FILING INFORMATION

TO:

You are hereby notified that an information (indictment) charging you with the offense of has been filed in the office of in and for County; and you are required to appear in the court in and for County at the Courthouse in on (date) for arraignment, plea and trial, or setting for trial in default of which your bond will be estreated, for failure to appear.

(Prosecuting Officer) .

If such rule is adopted by any court and the rule is not complied with by the clerk the failure so to comply with the rule shall not constitute reversible error nor affect the obligations of the bond.

History.—s. 278, ch. 19554, 1939; CGL 1940 Supp. 8663(288); s. 1552, ch. 97-102.

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Amendments to 923.02

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Cases Citing Statute 923.02

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State v. Hill, 208 So. 2d 867 (Fla. Dist. Ct. App. 1968).

Published | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5847

...The State Attorney is not empowered to enlarge or expand the contents of an Indictment without re-submission of the cause to the Grand Jury; or (if abandoning the Indictment as the basis for the Information) he may file an Information upon oath as set forth in Section 923.02, Florida Statutes [F.S.A.].” The first point presented by the State urges that the trial judge erred ,in ruling that the State Attorney has no authority to enlarge or expand the contents of an indictment....

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