Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 34.13 - Full Text and Legal Analysis
Florida Statute 34.13 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 34.13 Case Law from Google Scholar Google Search for Amendments to 34.13

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 34
COUNTY COURTS
View Entire Chapter
34.13 Method of prosecution.
(1) All persons tried in the county court on any criminal charge shall be tried upon indictment by the grand jury, upon information filed by the prosecuting attorney, or upon affidavit or complaint.
(2) Upon the finding of indictments by the grand jury for crimes cognizable by the county court, the clerk of the court, without any order therefor, shall docket the same on the trial docket of the county court.
(3) The state attorney is authorized to sign affidavits before the judge of the county court when the state attorney has evidence to support such affidavit for a criminal charge over which such court has jurisdiction. The judge shall issue arrest warrants upon such affidavit as is done in all other cases. This procedure shall be cumulative to all other practice and procedure before such courts.
(4) Upon complaint made on affidavit to any county court that any misdemeanor has been committed, the county court judge may issue a warrant on the usual form, making it returnable before himself or herself or another county court judge.
(5) Municipal prosecutors may prosecute violations of municipal ordinances.
(6) Any circuit court clerk acting as clerk of the county court, or any deputy county court clerk appointed for the sole purpose of issuing arrest warrants, or any county court clerk, may, at municipal expense, administer an oath to and take affidavit of any person charging another person with a violation of a municipal ordinance and may issue a warrant on the usual form, making it returnable to the appropriate county court judge. The authority granted to a clerk or deputy clerk under this section shall be subordinate to that of any state judge.
History.s. 9, ch. 3730, 1887; RS 2837; GS 3894; RGS 5989; CGL 8283; s. 13, ch. 72-404; s. 2, ch. 73-297; s. 197, ch. 95-147; s. 53, ch. 2003-402; s. 6, ch. 2013-25.

F.S. 34.13 on Google Scholar

F.S. 34.13 on CourtListener

Amendments to 34.13


Annotations, Discussions, Cases:

Cases Citing Statute 34.13

Total Results: 5  |  Sort by: Relevance  |  Newest First

Copy

Carr v. Bell, 492 F. Supp. 832 (N.D. Fla. 1980).

Cited 10 times | Published | District Court, N.D. Florida | 1980 U.S. Dist. LEXIS 13903

...Huckaby's actions caused the deprivation of Mr. Carr's rights. I find they did. Although Mr. Huckaby did not take Mr. Carr into custody, he swore to the false complaint. Florida allows prosecution of a misdemeanor by complaint made upon an affidavit. § 34.13(4), Fla.Stat....
Copy

Ivory v. State, 588 So. 2d 1007 (Fla. 5th DCA 1991).

Cited 5 times | Published | Florida 5th District Court of Appeal | 1991 WL 194181

...Among the revisions was the addition, for the first time, of a definition of when prosecution commences. The state contends the "affidavit" referred to in the former statute was merely the affidavit or complaint allowed in county court as a method of prosecution. See § 34.13 (all persons tried in county court on criminal charges shall be tried on indictment, information, affidavit or complaint)....
Copy

Schlosser v. Coleman, 818 F. Supp. 1534 (M.D. Fla. 1993).

Cited 1 times | Published | District Court, M.D. Florida | 1993 WL 127720

...349, 356-57, 98 S.Ct. 1099, 1104-05, 55 L.Ed.2d 331 (1978). When Defendant Parker approved the warrant application, set bail, approved the plea agreement, and oversaw the hearings at issue, he was acting pursuant to his judicial functions. Florida Statutes, section 34.13 (1991) states that a county court judge shall issue arrest warrants upon submission of affidavits from the state attorney....
Copy

City of Miami Beach v. Adalberto Cosme (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

prosecute violations of municipal ordinances. See § 34.13(5), Fla. Stat. (2023) (“Municipal prosecutors may
Copy

Schlosser v. Coleman, 818 F. Supp. 1534 (M.D. Fla. 1993).

Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 5500

to his judicial functions. Florida Statutes, section 34.13 (1991) states that a county court judge shall

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.