Florida Statutes

Fla. Stat. § 932.61 (2025)

Transfer of county or municipal charge to court providing trial by jury.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 19 cases, 1971–1988 · leading case: Whirley v. State, 450 So. 2d 836 (Fla. 1984).

Sort: Relevance Newest Treatment

Whirley v. State, 450 So. 2d 836 (Fla. 1984). · cites it 2× “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 of a state law, cause the transfer of the…”

Powers v. State, 370 So. 2d 854 (Fla. 3d DCA 1979). · cites it 2× “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.”

City of Tampa v. Ippolito, 360 So. 2d 1316 (Fla. 2d DCA 1978). · cites it 2× “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.”

State v. Hancock, 529 So. 2d 1200 (Fla. 5th DCA 1988). · cites it 2× “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…”

Smith v. City of Lakeland, 392 So. 2d 262 (Fla. 2d DCA 1980). · cites it 7× “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…”

State Ex Rel. Brewer v. Pettie, 294 So. 2d 120 (Fla. 4th DCA 1974). · cites it 2× “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. Approximately six weeks later the cause was transferred to the county court and relator was charged with a violation of F.”

State v. Hendricks, 309 So. 2d 232 (Fla. 4th DCA 1975). “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.”

State v. Ressler, 257 So. 2d 620 (Fla. 4th DCA 1971). · cites it 5× “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.”

State v. Whirley, 421 So. 2d 555 (Fla. 2d DCA 1982). · cites it 2× “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).”

State v. Cook, 254 So. 2d 560 (Fla. 2d DCA 1971). · cites it 3× “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.”

State v. Cook, 264 So. 2d 417 (Fla. 1972). · cites it 4× “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.”

Mitchell v. City of Fort Lauderdale, 254 So. 2d 824 (Fla. 4th DCA 1971). · cites it 3× “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.”

Show all 19 citing cases →

— 932.61(2) — 2 cases

State v. Whirley, 421 So. 2d 555 (Fla. 2d DCA 1982). “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).”

Smith v. City of Lakeland, 392 So. 2d 262 (Fla. 2d DCA 1980). “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…”

— 932.61(4) — 2 cases

State v. Hancock, 529 So. 2d 1200 (Fla. 5th DCA 1988). “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…”

Butterworth v. Hardin, 362 So. 2d 453 (Fla. 4th DCA 1978).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.