The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Moreover, section 932.63 deals with individuals charged with violating a county or municipal ordinance and such causes are transferred by a petition to the appropriate court in which a trial by jury is provided. See State v. Cook, 264 So. 2d 417 (Fla. 1972) (sections 932.61 through 932.65 relate "to a transfer of a municipal charge to a court providing trial by jury[, and they] should be construed together and read in pari materia."). Since Petitioner's charges were not violations of county or municipal ordinances that were transferred, section 932.63 was inapplicable.Hancock claims that the filing requirement in this case is similar to that set forth in section 932.61(4), Florida Statutes (1987), which involves the transfer of actions from municipal courts to county courts for jury trial and provides that the clerk of the municipal court has three days from the receipt of a transfer order in which to transmit the court record to the clerk of the county court. Formal charges for incarcerated defendants must be filed within three days of the transfer and failure to file charges, by the terms of the statute, requires release. § 932.65, Fla. Stat. (1987). In interpreting this section, the Florida Supreme Court, in State v. Cook, 264 So.2d 417 (Fla. 1972), held that the time for taking each step in the transfer procedure is mandatory and jurisdictional, as the time for taking one step is, in each instance, dependent upon the time each previous step was taken, and, accordingly, the failure to transmit a record within three days required dismissal of the charges.The only arguable statutory right to a jury trial for what we find to be a petty offense is under section 932.61, Florida Statutes (1979), which provides:The other district courts of appeal in Florida have consistently held that there is no right to jury trial for petty offenses under the state constitution. State v. LaValley, 362 So.2d 303 (Fla. 2d DCA), appeal dismissed, 366 So.2d 882 (Fla. 1978) (zoning violation carrying a penalty for a misdemeanor under section 125.69, Florida Statutes (1977)); City of Tampa v. Ippolito, 360 So.2d 1316 (Fla. 2d DCA 1978) (violation of municipal ordinance which was not same as state statute); City of Ft. Lauderdale v. Byrd, 242 So.2d 494 (Fla. 4th DCA 1970) (violation of city ordinances, which were identical with state statutes). In Powers v. State, 370 So.2d 854 (Fla. 3d DCA), cert. denied, 379 So.2d 209 (Fla. 1979), the court held there was a statutory right to a jury trial under section 932.61, Florida Statutes (1977), for the violation of a city ordinance which was the same as a statutory offense. It did not base its holding on the state constitution or rule 3.251.We understand that Smith v. City of Lakeland has been construed by some to require a jury trial for a violation of a municipal ordinance even though a jury trial would not be required if the same offense was charged as a violation of a state statute. We take this opportunity to clarify our intent in Smith v. City of Lakeland. There is no constitutional right to a jury trial for violation of a municipal ordinance, State v. Webb, 335 So.2d 826 (Fla. 1976), and Smith v. City of Lakeland does not confer a new and broader right to trial by jury. Although the right to trial by jury was an issue before us in Smith, we were chiefly concerned with Judge Green's ruling that Smith had waived his right to trial by jury by failing to file a transfer petition pursuant to section 932.61( 2), Florida Statutes (1979). That statute allows a person charged with a municipal or county ordinance violation for which no jury trial is provided to transfer the offense to an appropriate court that could provide a jury trial when the offense also violates state law. In light of the abolition of municipal courts whereby all municipal ordinance violations are tried in county courts, we saw no need to… The city argues that Smith waived his statutory right to jury trial because he did not file a petition for transfer in accordance with Section 932.61(2), Florida Statutes (1979). Addressing this argument, we note that Section 932.61 was enacted in 1970, prior to the abolition of municipal courts. Art. V, § 20(d)( 4), Fla. Const. Therefore, on the date of enactment of Section 932.61, violations of municipal ordinances were within the jurisdiction of municipal courts. Jurisdiction over municipal ordinance violations is now in the county court. Art. V, § 20(c)( 4), Fla. Const. Because the county court, unlike the former municipal courts, provides trial by jury, we find it unnecessary for a person charged with a violation of a municipal ordinance which is also a violation of a state law to file a petition for transfer to another court in order to effectuate his statutory right to jury trial.The record shows that the petitioner was arrested for the above-mentioned violation of the Florida Statutes by police officers of the City of Miami Beach, and the State urges that we may take judicial notice of the fact that the City of Miami Beach has charter authority to enact an ordinance which would make the violation of the Florida Statutes violations also of municipal ordinances. We have no objection to taking judicial notice of the fact that the petitioner was also in violation of a municipal ordinance; however, we think we are bound by the record which shows that the petitioner was arrested on a charge of "offering to commit prost. in Viol. of F.S. 796.07 . . . [and] . . . in Viol. of Sec. 25-88 of the Code of Miami Beach." It has been determined that Section 932.61, Florida Statutes (1977), confers a statutory right to a jury trial when the violation of a municipal ordinance is also a violation of state law. City of Tampa v. Ippolito, 360 So.2d 1316 (Fla. 2d DCA 1978).Section 932.61, Florida Statutes (1975), requires a municipal judge to forthwith entertain a petition for transfer to a court providing jury trials and, upon finding the petition to be correct, order by written endorsement on the petition, the transfer of the cause to the appropriate court. The statute goes on to provide that the Clerk of the Municipal Court shall within three days from receipt of the judge's order transfer the original record to the appropriate court.Section 932.61, Florida Statutes (1977), confers a statutory right to a jury trial when the violation of a municipal ordinance is also a violation of a state law. The violation with which respondent was charged does not fall in that category.Upon review of the record on appeal and after consideration of the briefs of the parties, we determine that where an individual has been charged for violation of a municipal ordinance in a municipal court upon a docket entry and the case has been transferred to county court for trial by jury as authorized by Section 932.61, Florida Statutes 1973, the case may be tried in the county court upon the docket entry without any necessity for the filing of an information therein. See Rule 3.140(a)(2), Fla.RCrP (1973). Therefore, the circuit court erred in entering its rule absolute in prohibition prohibiting appellant-respondent, the Honorable Sylvan McElroy, County Judge, Orange County, Florida, from further proceeding in the prosecution of appellee-respondent, Robert Dennis Brown, upon a docket entry of the Municipal Court for the City of Orlando, Florida.. . . Hancock claims that the filing requirement in this case is similar to that set forth in section 932.61 . . .
. . . only arguable statutory right to a jury trial for what we find to be a petty offense is under section 932.61 . . .
. . . See §§ 316.1934(4), 932.61, Fla. Stat. (1983). . . . 379 So.2d 209 (Fla.1979), the court held there was a statutory right to a jury trial under section 932.61 . . .
. . . Smith had waived his right to trial by jury by failing to file a transfer petition pursuant to section 932.61 . . .
. . . However, pursuant to Section 932.61, Florida Statutes (1979), a person charged with violation of a municipal . . . This court has construed Section 932.61 to confer a statutory right to jury trial when the violation . . . statutory right to jury trial because he did not file a petition for transfer in accordance with Section 932.61 . . . Addressing this argument, we note that Section 932.61 was enacted in 1970, prior to the abolition of . . . Therefore, on the date of enactment of Section 932.61, violations of municipal ordinances were within . . .
. . . It has been determined that Section 932.61, Florida Statutes (1977), confers a statutory right to a jury . . .
. . . Section 932.61, Florida Statutes (1975), requires a municipal judge to forthwith entertain a petition . . . the requisite three (3) days from the date of the signing of the order of transfer, pursuant to F.S. 932.61 . . .
. . . Section 932.61, Florida Statutes (1977), confers a statutory right to a jury trial when the violation . . .
. . . entry and the case has been transferred to county court for trial by jury as authorized by Section 932.61 . . .
. . . February 28, 1974 Defendant petitioned the City to transfer the case to the County Court pursuant to F.S. 932.61 . . .
. . . . § 932.61, F.S.A. . . .
. . . Section 932.61, F.S.A.) demanded jury trial, petitioning for transfer to the Orange County Court since . . .
. . . Such construction of § 932.61 F.S.A. is fortified by examination in the following section of the same . . . The Cook case referring to F.S.A. §§ 932.61 — 932.65 states: “With respect to the transfer of a municipal . . .
. . . . § 932.61, F.S.A., describes the method by which charges may be filed in the State court when a person . . . The time periods prescribed in Fla.Stat. §§ 932.61-932.65, F.S.A., relate to the filing of charges in . . .
. . . also constituted criminal violations of the laws of the State of Florida. 2Pursuant to Florida Statute 932.61 . . . Whether or not the case is a “transfer case” under Florida Statute 932.61, a non-transferred felony or . . . Florida Statute 932.61 is the “transfer” statute and reads as follows: Transfer of county or municipal . . .
. . . . § 932.61, F.S.A. . F.S. § 322.262(4), F.S.A. . Ordinance No. 1677, § 1 — 11. . . . .
. . . The resolution of the issue in this case involves an interpretation of Sections 932.61 and 932.63, F.S . . . Thereafter, respondent filed a petition pursuant to Section 932.61, F.S.1970, F.S.A., in the municipal . . . Section 932.61, F.S.1970, F.S.A., creates a right in a person who has been charged in a municipal court . . . The provisions of Section 932.61, F.S.1970, are supplemented by Section 932.63, F.S.1970, which provides . . . .1970, F.S.A., of the cause transferred to it by the municipal court under the authority of Section 932.61 . . .
. . . The resolution of this issue involves an interpretation of F.S. 1970, Section 932.61, F.S.A., a recent . . . F.S.1970, Section 932.61, F.S.A., relied upon by the petitioners, provides in pertinent part as follows . . . municipality do not clearly demonstrate that the municipal violation is also a violation of state law, Section 932.61 . . .
. . . The defendants petitioned the City court under Fla.Stat. 932.61, F.S.A. to have their cases transferred . . . informations because the cases were not transferred within the three-day statutory limits set out in Fla.Stat. 932.61 . . . Florida Statute § 932.61, F.S.A. prescribes the method whereby a person, charged in a court that does . . . The pertinent parts of the statute are as follows : “932.61 Transfer of county or municipal charge to . . .
. . . the pendency of these proceedings, the legislature has enacted ch. 70-372, Laws of Florida, 1970, §932.61 . . . petitioner with a jury trial in said court or, upon proper application by petitioner in conformity with §932.61 . . .
. . . Act relating to criminal trial procedure; amending chapter 932, Florida Statutes, by adding sections 932.61 . . .