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Florida Statute 932.47 | Lawyer Caselaw & Research

F.S. 932.47 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 932.47

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW

View Entire Chapter

F.S. 932.47

932.47 Informations filed by prosecuting attorneys.—Informations may be filed by the prosecuting attorney of the circuit court with the clerk of the circuit court without leave of the court first being obtained.

History.—s. 1, ch. 17172, 1935; CGL 1936 Supp. 8363(1); s. 24, ch. 2013-25.

F.S. 932.47 on Google Scholar

F.S. 932.47 on Casetext

Amendments to 932.47

Arrestable Offenses / Crimes under Fla. Stat. 932.47

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 932.47.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

United States v. Gandy
917 F.3d 1333 (11th Cir. 2019) Cited 15 times
But even not considering the principle that an officer’s statement identifying the crime for which he arrests a person cannot constitute a part of the "factual basis," a second reason also compels the determination that we cannot view the arresting officer’s legal conclusion as dispositive. While the arresting officer may have accurately stated the crime for which he arrested Gandy, the officer was not responsible for Gandy’s prosecution. That was up to the State Attorney. See Fla. Stat. § 932.47. It was the State Attorney who selected the charge against him. See id. And once the State Attorney charged Gandy, only the court could adjudicate Gandy guilty of that charge. Fla. R. Crim. P. 3.170.
PAGE 1351
Williams v. State
742 So. 2d 496 (Fla. Dist. Ct. App. 1999) Cited 2 times
The supreme court has stated that " jurisdiction to try an accused does not exist under article I, section 15 of the Florida Constitution unless there is an extant information, indictment, or presentment filed by the state." State v. Anderson, 537 So.2d 1373, 1374 (Fla. 1989) (emphasis added). This, of course, necessarily includes the power to accept a guilty or nolo plea. The court's jurisdictional pronouncement is based on article I, section 15, which expressly provides that no one in this state can be tried for a felony absent a presentment, indictment, or "information under oath filed by the prosecuting officer of the court"(emphasis added). See §§ 34.13(1), 932.47, 932.48, Fla. Stat. Similarly with regard to juveniles, a statute provides that "[a]ll proceedings seeking a finding that a child has committed a delinquent act or violation of law shall be initiated by the state by the filing of a petition for delinquency by the state attorney." § 985.218(1), (2), Fla. Stat. Clearly, then in this state, a court obtains jurisdiction to try a felony case or accept a guilty or nolo plea or to find a juvenile to be delinquent or in violation of the law only upon the filing of…

Cases from cite.case.law:

UNITED STATES v. B. GANDY, Jr., 917 F.3d 1333 (11th Cir. 2019)

. . . . § 932.47. It was the State Attorney who selected the charge against him. See id. . . .

WILLIAMS, v. STATE, 742 So. 2d 496 (Fla. Dist. Ct. App. 1999)

. . . See §§ 34.13(1), 932.47, 932.48, Fla. Stat. . . .

W. NELSON, a J. Jr. G. L. v. QUIMBY ISLAND RECLAMATION DISTRICT FACILITIES CORPORATION, 491 F. Supp. 1364 (N.D. Cal. 1980)

. . . sections, Cal.Corp.Code (West) § 25505, 2 Ballantine & Sterling, California Corporation Law § 463.07, at 932.47 . . .