Florida Statute 932.63 | 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. 932.63

932.63 Filing of charges; petitioner not incarcerated.—If the petitioner is not incarcerated, the prosecuting attorney shall, within 30 days of receipt of the petition, after due and diligent consideration and investigation of defendant’s cause, file charges on behalf of the state against the defendant in the court providing criminal jury trial jurisdiction, or shall decline to file charges against the defendant, and the cause shall be dismissed upon the filing of a no true bill by the prosecuting attorney with the clerk. Upon failure of the prosecuting attorney to take action within 30 days, the cause shall be dismissed by the clerk of the court in which the cause is pending.

History.—s. 1, ch. 70-372.

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Amendments to 932.63

Arrestable Offenses / Crimes under Fla. Stat. 932.63

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 932.63.

Annotations, Discussions, Cases:

Cases Citing Statute 932.63

Total Results: 2

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, 1973 Fla. App. LEXIS 6307

Snippet: following section of the same legislative act (932.-63 F.S.A.) requiring the prosecuting attorney to file

State v. Ressler

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

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

Snippet: involves an interpretation of Sections 932.61 and 932.63, F.S.1970, F.S.A., which are parts of a recent …Claims-Magistrate Court which, on the basis of Section 932.63, F.S.1970, F.S.A., dismissed the charges for failure…Section 932.61, F.S.1970, are supplemented by Section 932.63, F.S.1970, which provides : “If the petitioner …reliance on the emphasized provisions of Section 932.63, F.S.1970, F.S.A., above, that the. Small Claims-Magistrate…dismissal by the state court pursuant to Section 932.63, F.S.1970, F.S.A., of the cause transferred to