Florida Statute 932.61 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW

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F.S. 932.61

932.61 Transfer of county or municipal charge to court providing trial by jury.—A person charged in a 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 of a state law, cause the transfer of the violation to the appropriate court in which a trial by jury is provided, in the following manner:

(1) Prior to the commencement of the trial in the court not providing trial by jury, the person charged, or his or her attorney, shall file a petition requesting transfer to the appropriate court providing trial by jury. The original petition shall be filed with the court where the charge is docketed and pending, and copies shall be furnished to the court where jury trial is provided and to the prosecuting authority of both courts.

(2) The petition shall be signed by the defendant or the defendant’s attorney and shall contain:

(a) The defendant’s name, age, and address;

(b) A description and citation of the charges filed against the defendant;

(d) The date and amount of bond set, if any;

(e) An agreement to appear, answer, and attend the court to which the charge may be transferred;

(f) The date of incarceration, if incarcerated at the time of the making of the petition; and

(g) The demand for trial by jury.

(3) The judge of the court in which the person is charged shall entertain defendant’s petition forthwith and shall, upon finding the petition to be correct in all its allegations of fact, order by written endorsement on the petition the transfer of defendant’s cause to the appropriate court providing criminal jury trial jurisdiction.

(4) The clerk of the court not providing trial by jury, upon receipt of the judge’s order directing transfer, shall within 3 days transmit to the clerk of the court providing criminal jury trial jurisdiction all the original record materials, including bond and the petition to transfer, filed in the petitioner’s cause, certifying that they are all the original papers filed in the cause and kept by the clerk. The clerk of the court not providing trial by jury shall also transmit copies of all the record materials to the prosecuting attorney of the court providing jury trial jurisdiction to which defendant’s cause is being transferred. The clerk shall also furnish notice of transfer to the surety or bail bond agent, if there is one. Upon the entry of the order transferring the cause, it shall be the duty of the police authority of the court from which the cause is being transferred to transfer a complete and exact duplicate of all reports, records, and other papers relating to the cause to the prosecuting attorney of the court to which the cause is transferred.

History.—s. 1, ch. 70-372; s. 1565, ch. 97-102.

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Amendments to 932.61

Annotations, Discussions, Cases:

Cases Citing Statute 932.61

Total Results: 19

Whirley v. State

450 So. 2d 836

Supreme Court of Florida | Filed: May 17, 1984 | Docket: 1433500

Cited 11 times | Published

what we find to be a petty offense is under section 932.61, Florida Statutes (1979), which provides: A

Powers v. State

370 So. 2d 854

District Court of Appeal of Florida | Filed: May 8, 1979 | Docket: 1722681

Cited 9 times | Published

of Miami Beach." It has been determined that Section 932.61, Florida Statutes (1977), confers a statutory

State v. Hancock

529 So. 2d 1200, 1988 WL 74315

District Court of Appeal of Florida | Filed: Jul 21, 1988 | Docket: 852501

Cited 3 times | Published

in this case is similar to that set forth in section 932.61(4), Florida Statutes (1987), which involves

State v. Whirley

421 So. 2d 555

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1719243

Cited 2 times | Published

failing to file a transfer petition pursuant to section 932.61(2), Florida Statutes (1979). That statute allows

City of Tampa v. Ippolito

360 So. 2d 1316

District Court of Appeal of Florida | Filed: Aug 2, 1978 | Docket: 1475095

Cited 2 times | Published

County of Dade, 123 So.2d 323 (Fla. 1960). Section 932.61, Florida Statutes (1977), confers a statutory

State v. Hendricks

309 So. 2d 232

District Court of Appeal of Florida | Filed: Mar 7, 1975 | Docket: 1770631

Cited 2 times | Published

transfer the case to the County Court pursuant to F.S. 932.61 so that he might receive a jury trial. March

State Ex Rel. Brewer v. Pettie

294 So. 2d 120

District Court of Appeal of Florida | Filed: May 3, 1974 | Docket: 1425343

Cited 2 times | Published

County Court of Broward County pursuant to F.S. § 932.61, F.S.A. Approximately six weeks later the cause

State v. Reed

448 So. 2d 1102, 1984 Fla. App. LEXIS 12493

District Court of Appeal of Florida | Filed: Mar 29, 1984 | Docket: 64604297

Published

was a statutory right to a jury trial under section 932.61, Florida Statutes (1977), for the violation

Smith v. City of Lakeland

392 So. 2d 262, 1980 Fla. App. LEXIS 17142

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64579569

Published

So.2d 826 (Fla.1976). However, pursuant to Section 932.61, Florida Statutes (1979), a person charged

Butterworth v. Hardin

362 So. 2d 453, 1978 Fla. App. LEXIS 16325

District Court of Appeal of Florida | Filed: Sep 13, 1978 | Docket: 64566005

Published

transfer of the record to the County Court. Section 932.61, Florida Statutes (1975), requires a municipal

McElroy v. Brown

311 So. 2d 786, 1975 Fla. App. LEXIS 15121

District Court of Appeal of Florida | Filed: Apr 4, 1975 | Docket: 64545976

Published

county court for trial by jury as authorized by Section 932.61, Florida Statutes 1973, the case may be tried

Castaneda v. Conser

292 So. 2d 37, 1974 Fla. App. LEXIS 7701

District Court of Appeal of Florida | Filed: Mar 29, 1974 | Docket: 64537953

Published

appeared and (pursuant to the provisions of F.S. Section 932.61, F.S.A.) demanded jury trial, petitioning for

State ex rel. Negron v. Court of Record

286 So. 2d 582, 1973 Fla. App. LEXIS 6307

District Court of Appeal of Florida | Filed: May 31, 1973 | Docket: 64535970

Published

County, Florida, under provisions of F.S. Section 932.-61, F.S.A. A copy of an information in the record

State v. Dreyer

265 So. 2d 367, 1972 Fla. LEXIS 3522

Supreme Court of Florida | Filed: Jul 26, 1972 | Docket: 64527153

Published

sought to be reviewed holds Florida Statutes § 932.061, F. S.A., unconstitutional, thereby vesting jurisdiction

State v. Cook

264 So. 2d 417, 1972 Fla. LEXIS 3555

Supreme Court of Florida | Filed: Jul 5, 1972 | Docket: 64526849

Published

A. The statute under consideration, Fla.Stat. § 932.61, F.S.A., describes the method by which charges

Nesler v. Hampton

260 So. 2d 561, 1972 Fla. App. LEXIS 7004

District Court of Appeal of Florida | Filed: Mar 28, 1972 | Docket: 64525351

Published

Smith v. Davis, (Fla.1970) 231 So.2d 517. . F.S. § 932.61, F.S.A. . F.S. § 322.262(4), F.S.A. . Ordinance

State v. Ressler

257 So. 2d 620, 1971 Fla. App. LEXIS 5330

District Court of Appeal of Florida | Filed: Dec 10, 1971 | Docket: 64524304

Published

Thereafter, respondent filed a petition pursuant to Section 932.61, F.S.1970, F.S.A., in the municipal court of

Mitchell v. City of Fort Lauderdale

254 So. 2d 824, 1971 Fla. App. LEXIS 5798

District Court of Appeal of Florida | Filed: Nov 30, 1971 | Docket: 64523199

Published

issue involves an interpretation of F.S. 1970, Section 932.61, F.S.A., a recent enactment of the Florida

State v. Cook

254 So. 2d 560, 1971 Fla. App. LEXIS 5768

District Court of Appeal of Florida | Filed: Nov 5, 1971 | Docket: 64523101

Published

defendants petitioned the City court under Fla.Stat. 932.61, F.S.A. to have their cases transferred to