CopyCited 11 times | Published | Supreme Court of Florida
...See Aaron v. State,
345 So.2d 641 (Fla.), cert. denied,
434 U.S. 868,
98 S.Ct. 208,
54 L.Ed.2d 146 (1977); Aaron v. State,
284 So.2d 673 (Fla. 1973). 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: A person charged in court with a violation of a county or municipal ordinance for which no jury trial is provided may, when the violation of a county or municipal ordinance is also a violation...
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...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....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1988 WL 74315
...fundamental and therefore the motion to dismiss was not untimely and should have been granted. The state seeks review by certiorari of the circuit court opinion. 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 *1201 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....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...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)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...Relator was charged in the Municipal Court of the City of Hollywood with an offense against the ordinances of said city. Some three weeks later he filed a written demand for jury trial and transfer to the County Court of Broward County pursuant to F.S. § 932.61, F.S.A....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...e was set to be tried in the Hollywood Municipal Court. February 7, 1974 Defendant filed a motion demanding a speedy trial by a jury of his peers. February 28, 1974 Defendant petitioned the City to transfer the case to the County Court pursuant to F.S. 932.61 so that he might receive a jury trial....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...held that this constitutional guarantee does not apply to violations of municipal ordinances, since trials of such violations were conducted without juries prior to the adoption of our constitution. Boyd v. County of Dade,
123 So.2d 323 (Fla. 1960). 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....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16325
...Appellee sought a writ of prohibition in the Circuit Court to prohibit the Appellant County Judge from proceeding with a trial of his case. It was appellee’s contention that the Municipal Court had not complied with the three day requirement for transfer of the record to the County Court. 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....
...On the contrary, appellee alleged in his petition for writ of prohibition in the Circuit Court that “the municipality had failed to transfer the said cause to the County within the requisite three (3) days from the date of the signing of the order of transfer, pursuant to F.S. 932.61(4).” Ap-pellee argued the three day requirement was mandatory and jurisdictional and, thus, the County Court should not be allowed to proceed....
CopyPublished | Florida 2nd District Court of Appeal | 1980 Fla. App. LEXIS 17142
...The county court denied Smith’s request for jury trial. On appeal, the circuit court affirmed the county court. It is clear that there is no constitutional right to a jury trial for violation of a municipal traffic ordinance. State v. Webb,
335 So.2d 826 (Fla.1976). However, pursuant to Section
932.61, Florida Statutes (1979), a person charged with violation of a municipal ordinance for which no jury trial is provided may, when the violation of the ordinance is also a violation of state law, cause the transfer of the violation to the appropriate court in which trial by jury is provided. This court has construed Section
932.61 to confer a statutory right to jury trial when the violation of a municipal ordinance is also a violation of state law....
...olation of both a municipal ordinance and a state law. See also Powers v. State,
370 So.2d 854 (Fla. 3d DCA 1979). 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....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5768
...ith driving while intoxicated. The defendants were arrested in the City of Plant City for violation of City Code No. 186 F.S., which violation was also a violation of Fla.Stat. Ch. 317, F.S.A. The defendants petitioned the City court under Fla.Stat. 932.61, F.S.A....
...to have their cases transferred to a court where they could receive a trial by jury. The cases were ultimately transferred to the magistrate court. Petitioners then filed their motion to dismiss the informations because the cases were not transferred within the three-day statutory limits set out in Fla.Stat. 932.61, F.S.A....
...The circuit court in its order affirmed the magistrate’s dismissal of the informa-tions regarding six of the defendants. The State now appeals the circuit court’s decision and assigns as error the affirmance of the magistrate’s act. Florida Statute § 932.61, F.S.A. prescribes the method whereby a person, charged in a court that does not provide trial by jury, may seek transfer of his cause to a court having jurisdiction to try the cause by jury. The pertinent parts of the statute are as follows : “932.61 Transfer of county or municipal charge to court providing trial by jury....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5798
...A petition for a writ of certiorari was filed by Bradley Scott Mitchell and George Rhea Slaton for a review by this court of a decision of the Circuit Court for Broward County, Florida, sitting in its appellate capacity. The resolution of this issue involves an interpretation of F.S. 1970, Section 932.61, F.S.A., a recent enactment of the Florida Legislature providing for the transfer of certain causes from municipal courts to state courts for trial by jury....
...See F.S.1969, Section 317.041, F.S.A., and Hobby v. Southern Bell Telephone and Telegraph Company, Fla.App.1969,
217 So.2d 123 . Thus, here again questions of fact are presented which cannot be determined simply by reference to the traffic tickets. F.S.1970, Section
932.61, F.S.A., relied upon by the petitioners, provides in pertinent part as follows: “A person charged in a court with a violation of a * * * municipal ordinance *827 for which no jury trial is provided may, when the violation * * * is al...
...rt providing criminal jury trial jurisdiction.” * * * * * * As in the present case, where the allegations on the charging document issued by the municipality do not clearly demonstrate that the municipal violation is also a violation of state law, Section 932.61 by necessary implication requires the person seeking the transfer to present evidence to the municipal court of the facts underlying the municipal charge....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6307
...The general rule of statutory construction of provisions concerning the time a thing is to be done where no provision prohibiting the doing of it later is included is that such provisions are merely directory. 30 Fla.Jur., Statutes, § 6, p. 98. Such construction of § 932.61 F.S.A....
...provides for the orderly transmittal of a cause for a trial by jury and the limitations are set forth in the statute for that purpose”, also that “Jeopardy, has not attached, . . .”. The Writ of Certiorari was discharged. The Cook case referring to F.S.A. §§
932.61 —
932.65 states: “With respect to the transfer of a municipal charge to a court providing trial by jury, the time for taking each step in the transfer procedure is mandatory and jurisdictional, as the time for taking one step is, in eac...
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12493
...ed to change or expand a criminal defendant’s right to jury trial under our state constitution. In various instances our state legislature has granted a right to jury trial in situations not reached by our state constitution. See §§
316.1934(4),
932.61, Fla....
...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....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7701
...of F.S. Section 316.028, F.S.A. Two days later he appeared in the Orlando Municipal Court where he requested and was assigned court appointed counsel. His trial was set for March 13th. On that date he appeared and (pursuant to the provisions of F.S. Section 932.61, F.S.A.) demanded jury trial, petitioning for transfer to the Orange County Court since jury trials were not available in the Orlando Municipal Court....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7004
...1, § 13(e), Ch. 12760, Laws of Florida, Special Acts of 1927. . City of Gainesville v. Hilliard, (Fla. App. 1968)
207 So.2d 520 , aff’d Hilliard v. City of Gainesville,
213 So.2d 689 (Fla.1968) ; Smith v. Davis, (Fla.1970)
231 So.2d 517 . . F.S. §
932.61, F.S.A....
CopyPublished | Supreme Court of Florida | 1972 Fla. LEXIS 3555
...Gustafson Industries, Inc.,
139 So.2d 423 ), and a prior decision of the District Court of Appeal, Third District (State v. Joseph,
253 So.2d 275 ), on the same point of law. Fla.Const., art. V, § 4, F.S.A. The statute under consideration, Fla.Stat. §
932.61, F.S.A., describes the method by which charges may be filed in the State court when a person charged with violation of a municipal ordinance seeks a trial by jury....
...A statute prescribing the time for filing workmen compensation claims would not be so construed. State v. Joseph, supra, deals with the procedures for transmitting papers by a magistrate upon finding probable cause. The time periods prescribed in Fla.Stat. §§ 932.61-932.65, F.S.A., relate to the filing of charges in the State court....
CopyPublished | Supreme Court of Florida | 1972 Fla. LEXIS 3522
sought to be reviewed holds Florida Statutes § 932.061, F. S.A., unconstitutional, thereby vesting jurisdiction
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5330
...A petition for a writ of certiorari has been filed by the State of Florida for a review by this court of a decision of the Circuit Court for Palm Beach County, Florida, sitting in its appellate capacity. The resolution of the issue in this case involves an interpretation of Sections
932.61 and
932.63, F.S.1970, F.S.A., which are parts of a recent enactment by the Florida legislature providing for the transfer of certain causes from municipal courts to state courts for trial by jury. The following are the pertinent events. The respondent, Steven MacFadden Ress-ler, was charged on 10 September 1970 with a violation of several ordinances of the Town of Palm Beach, Florida. Thereafter, respondent filed a petition pursuant to Section
932.61, F.S.1970, F.S.A., in the municipal court of the Town of Palm Beach seeking a transfer of the municipal charges to a state court for trial by jury....
...duct which gave rise to the municipal violation. This order of dismissal was affirmed by the Circuit Court for Palm Beach County, Florida, in the exercise of its appellate jurisdiction. It is this affirmance we are now asked to review by certiorari. Section
932.61, F.S.1970, F.S.A., creates a right in a person who has been charged in a municipal court with a violation of a municipal ordinance to have such “violation” transferred to a state court for trial before a jury, where the violation of the municipal ordinance constitutes a violation of state law and the municipality does not provide a jury trial. The provisions of Section
932.61, F.S.1970, are supplemented by Section
932.63, F.S.1970, which provides : “If the petitioner is not incarcerated, the prosecuting attorney shall, within thirty (30) days of receipt of the petition, after due and diligent consideratio...
...ating to the measurement of that period. The issue narrows down to this: did the 12 November 1970 dismissal by the state court pursuant to Section
932.63, F.S.1970, F.S.A., of the cause transferred to it by the municipal court under the authority of Section
932.61, F.S....
...1970, F.S.A., we in effect would be interpreting the section as a statute of limitations for that class of offenses to which it relates, namely, those offenses which give rise to a municipal ordinance violation which is ultimately transferred to state court pursuant to Section 932.61, F.S.1970, F.S.A....
...and remanding the cause to the Small Claims-Magistrate Court for further proceedings. CROSS and OWEN, JJ., concur. The title to the act reads: “AN ACT relating to criminal trial procedure; amending chapter 932, Florida Statutes, by adding sections
932.61 through
932.66, to provide that a person charged with a violation of a county or municipal ordinance for which no jury trial is provided, when said violation is also a violation of state law, may cause the transfer of said case to the appropri...
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15121
...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....
