Florida Statutes
Fla. Stat. § 932.63 (2025)
Filing of charges; petitioner not incarcerated.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 1
case, 1971–1971 · leading case: State v. Ressler, 257 So. 2d 620 (Fla. 4th DCA 1971).
State v. Ressler, 257 So. 2d 620 (Fla. 4th DCA 1971). “Consequently on 12 November 1970 an order was entered by the judge of the Small Claims-Magistrate Court which, on the basis of Section 932.63, F.S.1970, F.S.A., dismissed the charges for failure of the state to file a formal information.”
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