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Florida Statute 932.65 | Lawyer Caselaw & Research
F.S. 932.65 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 932.65

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW
View Entire Chapter
F.S. 932.65
932.65 Filing formal charges; petitioner incarcerated.—When a person is incarcerated for a violation of a county or municipal ordinance and fails, or is otherwise unable, to be released on bond and requests a trial by jury, the person shall be transferred within 5 days to the jail facilities of the criminal court providing trial by jury. The prosecuting authority shall file formal charges within 3 days of the transfer of the person who fails, or is unable to post bond. Upon the failure or inability of the prosecuting authority to file charges, the person incarcerated shall be released and the provisions of s. 932.62, shall apply. It shall be the responsibility of the jailer releasing the prisoner to have the prisoner execute and sign an agreement to appear before the court to which his or her case has been transferred in accordance with s. 932.62.
History.—s. 1, ch. 70-372; s. 1568, ch. 97-102.

F.S. 932.65 on Google Scholar

F.S. 932.65 on Casetext

Amendments to 932.65


Arrestable Offenses / Crimes under Fla. Stat. 932.65
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 932.65.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Kicklighter v. Secretary, Department of Corrections

    Case No. 6:10-cv-354-Orl-31GJK (M.D. Fla. Jun. 16, 2011)
    Moreover, section 932.63 deals with individuals charged with violating a county or municipal ordinance and such causes are transferred by a petition to the appropriate court in which a trial by jury is provided. See State v. Cook, 264 So. 2d 417 (Fla. 1972) (sections 932.61 through 932.65 relate "to a transfer of a municipal charge to a court providing trial by jury[, and they] should be construed together and read in pari materia."). Since Petitioner's charges were not violations of county or municipal ordinances that were transferred, section 932.63 was inapplicable.
    PAGE 7

  2. State v. Hancock

    529 So. 2d 1200 (Fla. Dist. Ct. App. 1988)   Cited 5 times
    The filing provision for traffic citations, however, is distinguishable from section 932.65 because there is no provision in the traffic statute that the filing of the citation within five days of issuance is a jurisdictional prerequisite to the prosecution of the defendant, nor are there any further steps in the violator's prosecution which are dependent upon the filing of the citation. In fact, the statute provides that failure to timely file the citations is official misconduct subject to disciplinary proceedings, which indicates a legislative intent that a violation of the section is not to be considered jurisdictional. Furthermore, as noted by the state, any prejudice resulting from the delay in filing a traffic citation falls on the state's shoulders, since speedy trial commences when the citation is issued, regardless of when it is filed with the clerk. See Singletary v. State, 322 So.2d 551 (Fla. 1975); Rodriguez v. State, 453 So.2d 175 (Fla. 2d DCA 1984).
    PAGE 1201

  3. State, Negron v. Court of Record

    286 So. 2d 582 (Fla. Dist. Ct. App. 1973)   Cited 1 times
    The Cook case referring to F.S.A. §§ 932.61 — 932.65 states:
    PAGE 584

  4. State v. Cook

    264 So. 2d 417 (Fla. 1972)   Cited 3 times
    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. Schneider v. Gustafson Industries, Inc., supra, says a statute prescribing the time for the filing of a transcript in workmen compensation cases is directory. A statute prescribing the time for filing workmen compensation claims would not be so construed. State v. Joseph, supra, deals with the procedures for transmitting papers by a magistrate upon finding probable cause. The time periods prescribed in Fla. Stat. §§ 932.61- 932.65, F.S.A., relate to the filing of charges in the State court. All of these statutes relating to a transfer of a municipal charge to a court providing trial by jury should be construed together and read in pari materia. The time for taking each step in the transfer procedure is mandatory and jurisdictional, as the time for taking one step is, in each instance, dependent upon the time a previous step was taken. There is no conflict.

    Cases from cite.case.law:

    STATE v. B. HANCOCK,, 529 So. 2d 1200 (Fla. Dist. Ct. App. 1988)

    . . . . § 932.65, Fla.Stat. (1987). In interpreting this section, the Florida Supreme Court, in State v. . . . The filing provision for traffic citations, however, is distinguishable from section 932.65 because there . . .

    STATE NEGRON, v. COURT OF RECORD IN AND FOR BROWARD COUNTY,, 286 So. 2d 582 (Fla. Dist. Ct. App. 1973)

    . . . . §§ 932.61 — 932.65 states: “With respect to the transfer of a municipal charge to a court providing . . .

    STATE v. COOK, 264 So. 2d 417 (Fla. 1972)

    . . . . §§ 932.61-932.65, F.S.A., relate to the filing of charges in the State court. . . .