Florida Statute 932.61 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 932.61

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 932.61.

Annotations, Discussions, Cases:

Cases Citing Statute 932.61

Total Results: 20

State v. Hancock

Court: Fla. Dist. Ct. App. | Date Filed: 1988-07-21T00:53:00-07:00

Citation: 529 So. 2d 1200

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

Whirley v. State

Court: Fla. | Date Filed: 1984-05-17T00:53:00-07:00

Citation: 450 So. 2d 836

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

State v. Reed

Court: Fla. Dist. Ct. App. | Date Filed: 1984-03-29T00:00:00-08:00

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

Snippet: by our state constitution. See §§ 316.1934(4), 932.61, Fla. Stat. (1983). We do not need to face the …a statutory right to a jury trial under section 932.61, Florida Statutes (1977), for the violation of

State v. Whirley

Court: Fla. Dist. Ct. App. | Date Filed: 1982-09-22T00:53:00-07:00

Citation: 421 So. 2d 555

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

Smith v. City of Lakeland

Court: Fla. Dist. Ct. App. | Date Filed: 1980-09-10T00:00:00-07:00

Citation: 392 So. 2d 262

Snippet: Section 932.61(2), Florida Statutes (1979). Addressing this argument, we note that Section 932.61 was enacted….2d 826 (Fla.1976). However, pursuant to Section 932.61, Florida Statutes (1979), a person charged with…jury is provided. This court has construed Section 932.61 to confer a statutory right to jury trial when … Therefore, on the date of enactment of Section 932.61, violations of municipal ordinances were within

Powers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1979-05-08T00:53:00-07:00

Citation: 370 So. 2d 854

Snippet: Beach." It has been determined that Section 932.61, Florida Statutes (1977), confers a statutory right

Butterworth v. Hardin

Court: Fla. Dist. Ct. App. | Date Filed: 1978-09-13T00:00:00-07:00

Citation: 362 So. 2d 453

Snippet: transfer of the record to the County Court. Section 932.61, Florida Statutes (1975), requires a municipal …signing of the order of transfer, pursuant to F.S. 932.61(4).” Ap-pellee argued the three day requirement

City of Tampa v. Ippolito

Court: Fla. Dist. Ct. App. | Date Filed: 1978-08-02T00:53:00-07:00

Citation: 360 So. 2d 1316

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

McElroy v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 1975-04-04T00:00:00-07:00

Citation: 311 So. 2d 786

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

State v. Hendricks

Court: Fla. Dist. Ct. App. | Date Filed: 1975-03-07T00:53:00-07:00

Citation: 309 So. 2d 232

Snippet: transfer the case to the County Court pursuant to F.S. 932.61 so that he might receive a jury trial. March 7,

State Ex Rel. Brewer v. Pettie

Court: Fla. Dist. Ct. App. | Date Filed: 1974-05-03T00:53:00-07:00

Citation: 294 So. 2d 120

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

Castaneda v. Conser

Court: Fla. Dist. Ct. App. | Date Filed: 1974-03-29T00:00:00-07:00

Citation: 292 So. 2d 37

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-03-28T00:53:00-07:00

Snippet: county court for jury trial in accordance with s. 932.61, F. S. It was also ruled in AGO 073-202 that a

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-01-08T00:53:00-07:00

Snippet: ) when computing the three days mentioned in s. 932.61(4), F.S., . . . and to exclude Saturdays, Sundays

State ex rel. Negron v. Court of Record

Court: Fla. Dist. Ct. App. | Date Filed: 1973-05-31T00:00:00-07:00

Citation: 286 So. 2d 582

Snippet: County, Florida, under provisions of F.S. Section 932.-61, F.S.A. A copy of an information in the record …., Statutes, § 6, p. 98. Such construction of § 932.61 F.S.A. is fortified by examination in the following…discharged. The Cook case referring to F.S.A. §§ 932.61 — 932.65 states: “With respect to the transfer

State v. Dreyer

Court: Fla. | Date Filed: 1972-07-26T00:00:00-07:00

Citation: 265 So. 2d 367

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

State v. Cook

Court: Fla. | Date Filed: 1972-07-05T00:00:00-07:00

Citation: 264 So. 2d 417

Snippet: F.S.A. The statute under consideration, Fla.Stat. § 932.61, F.S.A., describes the method by which charges …cause. The time periods prescribed in Fla.Stat. §§ 932.61-932.65, F.S.A., relate to the filing of charges

Nesler v. Hampton

Court: Fla. Dist. Ct. App. | Date Filed: 1972-03-28T00:00:00-08:00

Citation: 260 So. 2d 561

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 1971-12-10T00:00:00-08:00

Citation: 257 So. 2d 620

Snippet: this case involves an interpretation of Sections 932.61 and 932.63, F.S.1970, F.S.A., which are parts of…respondent filed a petition pursuant to Section 932.61, F.S.1970, F.S.A., in the municipal court of the… are now asked to review by certiorari. Section 932.61, F.S.1970, F.S.A., creates a right in a person …provide a jury trial. The provisions of Section 932.61, F.S.1970, are supplemented by Section 932.63, … municipal court under the authority of Section 932.61, F.S. 1970, F.S.A., bar the proper authorities

Mitchell v. City of Fort Lauderdale

Court: Fla. Dist. Ct. App. | Date Filed: 1971-11-30T00:00:00-08:00

Citation: 254 So. 2d 824

Snippet: involves an interpretation of F.S. 1970, Section 932.61, F.S.A., a recent enactment of the Florida Legislature…their right to a transfer under F.S.1970, Section 932.-61, F.S.A., may be determined as a matter of law simply…reference to the traffic tickets. F.S.1970, Section 932.61, F.S.A., relied upon by the petitioners, provides…violation is also a violation of state law, Section 932.61 by necessary implication requires the person seeking