The 2023 Florida Statutes (including Special Session C)
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. . . We reverse, finding that section 775.15(16)(a)3., Florida Statutes (2006), extends the statute of limitations . . . An offense of sexual battery under chapter 794. § 775.15(16)(a) 3., Fla. Stat. (emphasis added). . . . Thus, the SOL extension applies pursuant to section 775.15(16)(a) 3., Florida Statutes (2006). . . . In 2006, the Florida legislature amended section 775.15, adding subsection (16)(a). . . . It is clear section 775.15(16)(a) would be applicable to the present case. . . .
. . . felony when, as here, it "involves the investigation or prosecution of a misdemeanor," and section 775.15 . . . This is accomplished by section 775.15(4)(b), which provides that the filing of an information only satisfies . . . capital felony, a life felony, or a felony that resulted in a death may be commenced at any time." § 775.15 . . .
. . . See, e.g. , § 775.15, Fla. Stat. (2017). . . .
. . . See § 775.15(1), Fla. Stat. (2012). . . .
. . . first-degree felony punishable by life, was subject to the four-year limitations period provided in section 775.15 . . . See generally § 775.15, Fla. Stat. (2017) ; § 775.15, Fla. Stat. (Supp. 1990). . . . Although section 775.15 now contains a tolling provision for burglary cases where the defendant's identity . . . 211 So.3d at 192 n.21 (Emas, J., concurring) (citing ch. 2006-266, § 1, Laws of Fla., codified at § 775.15 . . . same burglary, but as a life felony (a crime for which there is no statute of limitations, see section 775.15 . . .
. . . barred by the three-year statute of limitations applicable to lewd or lascivious sexual battery (section 775.15 . . .
. . . See § 775.15(2)(b), Fla. Stat. (2004). . . . aller gation to the state attorney for the judicial circuit in which the alleged violation occurred. § 775.15 . . . Under the plain language of Section 775.15(7)(a), Florida Statutes (2004), the statute of limitation's . . . State, 179 So.3d 466, 469 (Fla. 4th DCA 2015) (explaining that, under an earlier version of section 775.15 . . . the state had notice of the molestation in November 1993 and that “all of the requirements of section 775.15 . . .
. . . was not ineffective regarding the speedy trial issue; (4) the application of the amendment to section 775.15 . . . Smith contends that the application of section 775.15(2)(b), which extended the statute of limitations . . . Effective October 1, 1996, the Florida Legislature amended section 775.15 and provided that a prosecution . . . "A prosecution for a capital ... felony may be commenced at any time.” § 775.15(1), Fla. . . .
. . . ’s original statute of limitations, I set forth below the full text of our present statute, section 775.15 . . . , Florida Statutes (2016): 775.15. . . . not commence) until “the course of conduct or the defendant’s complicity therein is terminated.” § 775.15 . . . original investigation and tested for DNA is preserved and available for testing by the accused.” § 775.15 . . . See Ch. 2006-266, § 1, Laws of Florida, codified at § 775.15(16)(a)l.-8. . . . See § 775.15(2)(b), Fla. Stat. (1990). . . . See § 775.15(2)(b), Fla. Stat. (1990). . . . . See § 775.15(1), Fla. . . . “A prosecution for a ... life felony ... may be commenced at any time,” § 775.15(1), Fla. . . .
. . . Based on the date of the offense in this case, April 15, 2001, section 775.15(5)(b), Florida Statutes . . . Under the three-year limitations period for commencing a second degree felony prosecution, § 775.15(2 . . . attempted felony murder, a first degree felony, which was subject to a four-year statute of limitations. § 775.15 . . . section 784.045(l)(a)l., a second degree felony, was barred by the three-year statute of limitations. § 775.15 . . .
. . . He contended that under section 775.15(2)(b), Florida Statutes (2008), the prosecution of any felony . . . Pursuant to section 775.15(5), Florida Statutes, (2008), the State argued, it need only prove that the . . . The trial court denied Robinson’s motion to dismiss on the grounds that “[sjection 775.15(5), Florida . . . The First District explained that its reading of section 775.15(5) in this case, as in Pearson in 2004 . . . , Florida Statutes (2008), which state: 775.15. . . .
. . . Section - 775.15(2)(a), Florida Statutes (2007), provides that a prosecution for a first-degree felony . . . Thus, regardless of which event occurred earlier, Count 2 was not timely charged under section 775.15 . . . The State does not argue on appeal that section 775.15(13) is applicable in this case. . . . In support of its assertion, the State relies upon section 775.15(16), Florida Statutes (2007), which . . . His appeal challenged the trial court’s construction of section 775.15(16)(a)4. . . .
. . . delay violated Defendant’s speedy trial rights—a question I would answer in the negative under section 775.15 . . . See § 775.15(5), Fla. . . .
. . . .” § 775.15(2)(b), Fla. Stat. (2004). . . . .” § 775.15(2)(c). . . . information or indictment with a crime in this state shall not constitute an unreasonable delay. § 775.15 . . .
. . . Laws § 775.15. . . . Laws § 775.15. People v. Agar, No. 321243, 2016 WL 399933, at *2 (Mich. Ct. App. . . . Laws § 775.15 or pursued any other avenues for retaining an expert. . . .
. . . of the same speedy trial rule and is additionally barred by the statute of limitations under section 775.15 . . .
. . . limitation period for this offense, a first-degree misdemeanor, was two years, pursuant to section 775.15 . . . Additionally, criminal mischief'is not one of the delineated offenses in' section 775.15(16), Florida . . .
. . . language” analysis, the majority has concluded that the statutory phrase “misconduct in office” in section 775.15 . . . See § 775.15(13)(a)-(c), (14)(a)-(b), Fla. Stat. (2015). . . . teacher who steals a $500 piece of equipment is subject to a three-year statute of limitations, see § 775.15 . . . See § 775.15(12)(b). . . . and third-degree felonies are ordinarily subject to a three-year statute of limitations under section 775.15 . . . DOES THE STATUTE OF LIMITATIONS FOR “MISCONDUCT IN OFFICE” BY A PUBLIC OFFICER OR EMPLOYEE IN SECTION 775.15 . . . See § 775.15(2)(b), Fla. Stat. (2001). . . . was a public employee and that by committing them, he engaged in “misconduct in office” under section 775.15 . . . Section 775.15(3)(b) extended the limitation period for offenses “based .upon misconduct in office by . . . The relevant language of section 775.15(12)(b), Florida Statutes (2015), provides: (12) If the period . . .
. . . Section 775.15(7) provided in relevant part: If the victim of a violation of s. 794.011 ... is under . . . Because the violations were reported to DCF before the victims turned 16, pursuant to section 775.15( . . . offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2003. § 775.15 . . . See § 775.15(7)(b). . . . prosecution of the offense pertaining to her would .have been barred “on or before October 1, 2003.” § 775.15 . . .
. . . See § 775.15(2)(c), Fla. Stat. (2009). . . . nor served her with a summons, so it was required to timely commence prosecution pursuant to section 775.15 . . .
. . . See § 775.15(2)(a) Fla. Stat. (1982). . . . See § 775.15(1), Fla. Stat. (2015). . . . . See § 775.15(2)(a), Fla. . . . . § 775.15(2)(a), Fla. Stat. (1981). . . . See § 775.15(2)(a), Fla. . . . . § 775.15(2)(a), Fla. Stat. (1981). . . . degree murder with a firearm is not barred by the statute of limitations because it is a life felony. § 775.15 . . . Presently, a prosecution for "a felony that resulted in a death may be commenced at any time.” § 775.15 . . .
. . . His appeal challenges the trial court’s construction of section 775.15(16)(a)4., Florida Statutes (2007 . . . Despite the time lapse, the State argued that it was permitted to continue the prosecution under section 775.15 . . . oñginal investigation and tested for DNA is preserved and available for testing by the accused [.] § 775.15 . . . Appellant moved to dismiss the charge, arguing that section 775.15(16)(a) could not be applied to his . . . comparison against an accused and thus trigger the application of the- extension period under section 775.15 . . .
. . . if the State could establish it was entitled to the three-year tolling period afforded under section 775.15 . . . See § 775.15(2)(b). . . . However, section 775.15(1) provides that “[a] prosecution for a capital felony, a life felony, or a felony . . . whether Roblero Escalante’s leaving the scene of the accident “resulted in” death and whether section 775.15 . . .
. . . Section 775.15(2), Florida Statutes (2004), provides that a prosecution for second- or third-degree felonies . . . information or indictment with a crime in this state shall not constitute an unreasonable delay.” § 775.15 . . . Section 775.15(6) provides as follows: The period of limitation does not run during any time when the . . . Compare § 775.15(5)(b), (6), Fla. Stat. (1999), with § 812.035(10), Fla. Stat. (2000). . . . (adding the pertinent provisions to section 775.15(5) and (6)). . . .
. . . Because the running of the statute of limitations was tolled under section 775.15(5), Florida Statutes . . . Under section 775.15(2)(b), Florida Statutes (2008), prosecution for second and third degree felonies . . . be tolled, however, for the time during which the defendant is continuously absent from the state. § 775.15 . . . Section 775.15(4)(b) provides that process must be executed without unreasonable delay and: In determining . . . Section 775.15(5) provides, in pertinent part, that “[t]he period of limitation does not run during any . . .
. . . With respect to Count I, unemployment compensation fraud, section 775.15(2)(b), Florida Statutes (2012 . . .
. . . Statutes (1987), and four years as to the offense of committing an organized scheme to defraud, section 775.15 . . .
. . . for seeking dismissal of these counts was the claim the statute of limitations, as stated in section 775.15 . . . (2), Florida Statutes, had expired and that the State improperly utilized section 775.15(12)(b), to extend . . . that the time for prosecution was extended by virtue of the “misconduct in public office,” section 775.15 . . . Like the majority in La-Morte, we hold that section 775.15(3)(b) may apply to the type of offenses committed . . . As Judge Altenbernd reasoned in his dissent in LaMorte, section 775.15(12)(b), Florida Statutes does . . .
. . . See § 775.15(2)(a), Fla. Stat. . . .
. . . See § 775.15(2)(b), Fla. . . . Section 775.15(4), Florida Statutes, provides: (4)(a) Prosecution on a charge on which the defendant . . .
. . . case naturally steers us toward an interpretation of rule 3.191 that does not interfere with sections 775.15 . . . Section 775.15(2)(b) gives the state three years following the burglary of a conveyance to file criminal . . .
. . . See, e.g., § 775.15(4)(a), Fla. . . . Section 775.15(1)-(16), Florida Statutes (2009) (Time limitations; general time limitations; exceptions . . . And specifically, as noted earlier, section 775.15(4)(a) — the statute of limitations applicable to Juror . . .
. . . ." § 775.15(1), Fla. Stat. (2003). . . .
. . . Section 775.15, Florida Statutes (1987), applies to these February 1988 offenses. . . . . § 775.15(2)(b), Fla. Stat. (1987). . . . Section 775.15(6), Florida Statutes (1987), provides: The period of limitation does not run during any . . . information or indictment with a crime in this state shall not constitute an unreasonable delay.” § 775.15 . . . See also § 775.15(5), Fla. . . .
. . . However, the statute of limitations for a first-degree felony is four years under section 775.15(2)(a . . .
. . . . § 775.15(2)(b), Fla. Stat. . . .
. . . See § 775.15(2)(a), Fla. . . . Goings “without unreasonable delay.” § 775.15(5), Fla. Stat. (1993). . . . Under section 775.15(5), the state had the burden to show an “inability to locate the defendant after . . . diligent search or the defendant’s absence from the state.” § 775.15(5), Fla. . . . Section 775.15(5) does not require any other showing. . . .
. . . The State argues that “[t]he plain language of [section 775.15, Florida Statutes (1999),] indicates that . . . See § 775.15(4); Brown, 674 So.2d at 741 (holding that the period of limitations begins to run on the . . . The capias must be executed without unreasonable delay. § 775.15(5)0»), (6), Fla. Stat. (1999). . . . Section 775.15(6) provides: The period of limitation does not run during any time when the defendant . . . Presently numbered section 775.15(4)(b) and (5). See ch. 2005-110, § 1, at 1059-61, Laws of Fla. . . .
. . . Dixon, the prosecutors believed section 775.15(15)(a), Florida Statutes (2006) — which permits a prosecution . . . State, 51 So.3d 1287 (Fla. 2d DCA 2011) (holding that subsections 775.15(15) & (16) did not apply where . . .
. . . See § 775.15(2)(b), Fla. Stat. (2002). . . . See § 775.15(5)(b) (providing that commencement of prosecution depends, in part, on the filing of an . . . 2004, and June 30, 2006. § 775.15(15)(b). . . . Similarly, the limitations period was not extended under section 775.15(16)(a)(4) based upon Mr. . . . See § 775.15(2)(b), Fla. Stat. (2002). . . .
. . . . § 775.15(2)(a), Fla. Stat. (1991). The trial court granted the motion and vacated the conviction. . . . (amending section 775.15(1) to provide that “[a] prosecution for a ... felony that resulted in a death . . . limitations period by three years due to the defendant’s continuous absence from this state, see § 775.15 . . . Ch. 96-145, § 1, at 130, Laws of Fla.; see § 775.15(l)(a), Fla. . . . We begin our analysis of section 775.15(l)(a) with consideration of its plain meaning. See Fla. . . .
. . . . § 775.15(2)(b), Fla. Stat. (2003). . . . See § 775.15(5)-(7), Fla. Stat. (2003). The State responded that it has no such basis. . . .
. . . limitations for the charged crime is three years but urges that the tolling provision of subsection 775.15 . . .
. . . Appellant argues that prosecution was barred by the three-year limitation imposed under section 775.15 . . . The plain language of section 775.15(16)(a) states that prosecution for attempted armed robbery “may . . . Appellant further argues that even if section 775.15(16)(a) were to apply on its face, it cannot apply . . . prosecution was not barred by section 775.15(2)(b). . . . Additionally, section 775.15(16)(b) clearly indicates it “applies to any offense that is not otherwise . . .
. . . See § 775.15(5), Fla. Stat. (2005). We reverse Mr. . . .
. . . See § 775.15(4)(a), (b), Fla. Stat. (2007); Fleming v. . . .
. . . See § 775.15(4), Fla. Stat. (2003). The statute of limitations began to run on April 27, 2003. . . . an information is filed, provided that the “information is executed without unreasonable delay.” § 775.15 . . . Id.; see § 775.15(5)(b), Fla. Stat. (2003); Williams v. . . .
. . . The State argued at the hearing that § 775.15(4)(b), Florida Statutes, provided the basis for utilizing . . . Section 775.15, however, is the statute of limitations for the prosecution of criminal charges; it has . . .
. . . specific statute of limitations controls over the more general limitations provisions found in section 775.15 . . . when the information is filed, unless there is an “unreasonable delay” in execution of the capias. § 775.15 . . .
. . . Information, the prosecution was commenced beyond the three-year statute of limitations set forth in section 775.15 . . . applicable because it was more specific than the general three-year statute of limitations in section 775.15 . . . the Information was filed beyond the applicable three-year limitations period set forth in section 775.15 . . .
. . . . § 775.15(1)(a), Fla. Stat. (2003). . . . See §§ 775.15(2)(a) & (7)a., Fla. Stat. (2003). . . .
. . . See § 775.15(2)(b), Fla. Stat. (1995). . . . With respect to when prosecution is commenced, section 775.15(5) provides, in pertinent part, as follows . . . With respect to the defendant’s absence from the state, section 775.15(6) provides as follows: (6) The . . . In 1997, section 775.15 was amended to excuse the State for not extraditing or actively pursuing suspects . . . See § 775.15(6), Fla. Stat. (1997). This amendment became effective July 1, 1997. . . .
. . . .” § 775.15(5)(b), Fla. Stat. (2001). . . . Both sections 775.15 and 812.035, Florida Statutes (2001), provide for tolling of the statutory time . . . See §§ 775.15, 812.035(10). . . .
. . . Section 775.15, Florida Statutes, sets out the statutes of limitations for different degrees of criminal . . . second and third degree felonies must be commenced within three years after commission of the offense. § 775.15 . . . Section 775.15(4), Florida Statutes, provides in part: (a) Prosecution on a charge on which the defendant . . . requests notice of the prisoner’s release, is not the equivalent of the process contemplated by section 775.15 . . .
. . . Section 775.15, Florida Statutes (2001), provides in pertinent part: (2) Except as otherwise provided . . . It is not the equivalent of the process contemplated by section 775.15(5). See Lett v. . . .
. . . Although section 40.013(1) does not define the phrase “under prosecution,” Appellant argues that section 775.15 . . . jury qualification statute, this event does not occur until the citation is both served and filed. § 775.15 . . .
. . . . § 775.15(2)(b), Fla. Stat. (Supp.1996). . . . the defendant after diligent search or the defendant’s absence from the state shall be considered. § 775.15 . . . We note that the legislature subsequently amended section 775.15(5), so that a “[p]rosecution on a charge . . . were made to locate Soto and execute the capi-as, it failed to meet its burden under former section 775.15 . . . absent from the state or has no reasonably ascertainable place of abode or work within the state....” § 775.15 . . .
. . . Prosecution for a second-degree felony must be commenced within three years. § 775.15(2)(b), Fla. . . . However, an extension of these statutes of limitations is found in section 775.15(3)(b) which states: . . . Statutory History Section 775.15(b)(3) was the product of a revision in the laws in 1974. . . . The subsection is now located at section 775.15(12)(b). . . . LaMorte cites to section 775.15(12)(b) throughout his argument. . . . opinion in this case because I believe that it is the result required by the plain language of section 775.15 . . . 13 (Fla.1958), the defendant challenged the constitutionality of the predecessor statute to section 775.15 . . . teacher who steals a $500 piece of equipment is subject to a three-year statute of limitations, see § 775.15 . . . See § 775.15(12)(b). . . .
. . . 812.081 may be commenced at any time within 5 years after the cause of action accrues.... ” Section 775.15 . . . filing of waiver of formal arraignment and entry of plea was sufficient “other process” under section 775.15 . . .
. . . There is no reference in section 106.15 to section 775.15. . . . The State responds that section 106.28 does not apply to this criminal prosecution; rather, section 775.15 . . . Section 775.15(2)(c), Florida Statutes, provides that the limitation for prosecution of first-degree . . . However, Section 775.15(3)(b), Florida Statutes (2004) contains several exceptions and tolling provisions . . . Section 775.15 is a default statute that applies where no specific statute of limitations has been made . . .
. . . . § 775.15(4)(b) provides that “prosecution on a charge on which the defendant has not previously been . . .
. . . See § 775.15, Fla. Stat. (1991); Perez v. . . . See § 775.15(4)(a), Fla. Stat. (1991). . . . .” § 775.15, Fla. Stat. (1991); § 775.087(l)(a), Fla. Stat. (1991). . . .
. . . See § 775.15(2)(b), Fla. Stat. (2000). . . .
. . . that I disagree with the holding in Hemphill and would conclude that the tolling provision of section 775.15 . . . The final sentence of section 775.15(7) unequivocally provides that the tolling provision applies to . . . the crime became a part of section 794.011, it became subject to the tolling provisions of section 775.15 . . . legislature evinced a clear intent to make “any such offense” subject to the tolling provision of section 775.15 . . . In my view, Hemphill is based on a hyperformalistie reading of section 775.15(7) — a reading which is . . . Stat. (1989-1992) (proscribing the offense, a first-degree felony); § 775.15(2)(a), Fla. Stat. . . . Section 775.15(7), Florida Statutes (1993-1997), tolls the statute of limitations for a violation of . . . the prosecution of which would have been barred by subsection (2) on or before December 31, 1984. § 775.15 . . . (7) apply” — “[t]he tolling provisions of section 775.15(7) are not applicable to violations of section . . . The State relies on section 775.15(4), Florida Statutes (1989-1997), which provides that “[a]n offense . . .
. . . . § 775.15(l)(b). . . .
. . . The lower court relied upon the 2001 version of section 775.15(7), Florida Statutes, which provides that . . . age of 18 or the violation is reported to a law enforcement agency ... whichever occurs earlier.” § 775.15 . . . age of 16 or the violation is reported to a law enforcement agency ... whichever occurs earlier.” § 775.15 . . . At that point in time, the applicable version of section 775.15(7), Florida Statutes, began to run when . . . prosecution by August 15, 2004, when the three-year limitations period ran out, pursuant to section 775.15 . . .
. . . . § 775.15(2)(c) (providing for a two-year statute of limitations for first-degree misdemeanors). . . .
. . . The decision in Mack was based on that court’s interpretation of the 1981 version of section 775.15, . . . three years of the commission of the crime, section 775.15(5)(b) significantly changes the application . . . Section 775.15(6) was also significantly changed: The period of limitation does not run during any time . . . As a result, under the circumstances of this case, sections 775.15(5)(b) and (6) tolled the statute of . . . Perez argues that the 1997 version of section 775.15 does not relieve the State from having to conduct . . .
. . . . § 775.15(2)(a), Fla. Stat. (1991). . . . . § 775.15(6), Fla. Stat. (1991). . . . Effective October 1, 1996, the Florida Legislature amended section 775.15 and provided that a prosecution . . .
. . . Section 775.15(5)(b) provides that prosecution commences when an information is filed, “provided ... . . . Section 775.15(5)(b), on its face, addresses only when prosecution is deemed to have commenced where . . . Under the version of sections 775.15(5)(b) and 775.15(6) then in effect, a defendant’s out-of-state confinement . . . After Brown, section 775.15(5), Florida Statutes was amended to provide that failure to execute process . . . See § 775.15(5), Fla. Stat. . . .
. . . . §§ 775.15(2)(b), (4)(a), Fla. Stat. (1999). . . .
. . . . § 775.15(2)(a), Fla. Stat. (1991). . . .
. . . limitation period on these third degree felonies is three years after the offense is committed, section 775.15 . . . prosecution may be commenced within one year after discovery of the offense by an aggrieved party. § 775.15 . . . breach of fiduciary obligation, within one year after discovery of the offense by an aggrieved party. § 775.15 . . .
. . . . § 775.15(2)(b), Fla. Stat. (1995). . . . See § 775.15(6), Fla. Stat. (1995); Morgan v. . . .
. . . . § 775.15(2)(b). . . . See Fla.Stat. § 775.15(2)(b). . . . See Fla.Stat. § 775.15(7) (1985). . . . See Fla.Stat. § 775.15(2)(b). . . . See Fla.Stat. § 775.15(2)(b). . . . .
. . . . § 775.15(2)(b), Fla. Stat. (2005). . . . Section 775.15(3) defines when a crime is committed, as follows: An offense is committed either when . . . Pursuant to the requirement in section 775.15(3) that a legislative purpose to prohibit a continuing . . .
. . . . § 775.15(2)(a), Fla. Stat. (1991). . . .
. . . See § 775.15, Fla. Stat. (2002). . . .
. . . . § 775.15, Fla. Stat. (2000). We agree. Because the start of Ms. . . . The statute of limitations for a first-degree misdemeanor is two years. § 775.15(2)(c). . . . Therefore, section 775.15(5)(a) is not controlling. Instead, section 775.15(5)(b) applies. . . . Subsection (5) of section 775.15 was renumbered as subsection (4) effective July 1, 2005. . . . Subsection (6) of section 775.15 has also been renumbered. . . .
. . . . § 775.15(5)(b), Fla. Stat. . . .
. . . See § 775.15, Fla. Stat. (Supp.1998). . . . or other process issued on such indictment or information is executed without unreasonable delay.” § 775.15 . . . Pursuant to section 775.15(6), the statute of limitations may be tolled if a defendant is continuously . . . sufficient showing that would avoid the implication of the statute of limitations referenced in section 775.15 . . .
. . . . § 775.15(2)(a). Here the state alleged the burglary occurred in October 1998. . . . There is no statute of limitations defense to this charge. § 775.15(l)(a) (a prosecution for a capital . . .
. . . . § 775.15(l)(a), Fla. Stat. (2004). . . .
. . . See § 775.15(2)(b), Fla. Stat. (1998). . . . See § 775.15(5)(b), Fla. Stat. (1998) (emphasis added). . . . See § 775.15(6), Fla. Stat. (1998). . . . This fact has no bearing on the outcome due to a 1997 amendment to section 775.15, Florida Statutes. . . . See § 775.15(5)(b), Fla. Stat. (1998); see also Lett v. . . .
. . . See § 775.15(2)(b), Fla. Stat. . . . Watkins, 685 So.2d 1322 (Fla. 2d DCA 1996); § 775.15(5)(a), Fla. Stat. . . .
. . . .” § 775.15(6), Fla. Stat. (1997). . . .
. . . The order determined that the two-year statute of limitations period defined in section 775.15, Florida . . . these circumstances and the application of the two-year statute of limitations period under section 775.15 . . . See § 775.15(5)(b), Fla. Stat. (1999); see also State v. . . .
. . . prosecution for the 1993 offense had not “commenced” within the time limitations set forth in section 775.15 . . . See § 775.15(2)(c) & (d), Fla. Stat. (2003). . . . In so holding, the court apparently relied on an amended version of section 775.15, Florida Statutes . . . a summons is commenced by the filing of an indictment, information, or other charging document.” § 775.15 . . .
. . . The order determined that the two-year statute of limitations period defined in section 775.15, Florida . . . dismissed the information based on the expiration of the two-year statute of limitations in section 775.15 . . . Section 775.15(2)(c) provides that prosecution for a misdemeanor of the first degree must be commenced . . . On the other hand, section 775.15 must be strictly construed. § 775.021(1), Fla. Stat. (1983).... . . . Accordingly, we do not believe the legislature has authorized the state to apply section 775.15(6) to . . .
. . . . §§ 775.15(2)(a), 812.035(10), Fla. Stat. (1993). . . . Id. § 775.15(4). . . . Id. § 775.15(5). . . . to section 775.15(6). . . . Therefore, we reject the holding in Netherly and apply section 775.15(6) as written. . . .
. . . See § 775.15(2)(b), Fla. Stat. (1997). . . . State, 784 So.2d 1239 (Fla. 2d DCA 2001) (interpreting 1995 version of section 775.15(5)); Lewis v. . . . The applicable version of section 775.15(5) provides: (a) Prosecution on a charge on which the defendant . . . Therefore, under the 1997 version of section 775.15(5), prosecution on this charge commenced when the . . . See § 775.15(5)(a); see also Starling v. . . .
. . . his prosecution on these charges was barred by the three-year statute of limitations found in section 775.15 . . . In response, the State argued that the tolling provision of section 775.15(7), Florida Statutes (1993 . . . The State contends that the tolling provision of section 775.15(7) allows for this prosecution to go . . . Thus, under the plain language of section 775.15(7), the statute began to run in November 1993 with the . . . However, section 775.15(7) clearly states that law enforcement or the government agency must report “ . . .
. . . consolidated with felonies by not applying rule 3.191(f) as written is further in conflict with section 775.15 . . .
. . . Because there is no statute of limitations for first degree murder, see § 775.15(l)(a), Florida Statutes . . .
. . . The applicable statute of limitations, section 775.15, Florida Statutes (1979), required prosecution . . . to be commenced within three years of the commission of this second degree felony. § 775.15(2)(b), Fla . . . been extended a maximum of three years if the defendant was eontin-uously absent from the state. § 775.15 . . . or other process issued on such indictment or information is executed without unreasonable delay.” § 775.15 . . . was amended to excuse the failure to execute process on or extradite a defendant in another state. § 775.15 . . .
. . . and 5, there was dispute as to whether the statute of limitations may have been extended by section 775.15 . . . However, section 775.15(3)(a) only permits the limitations period to extend to one year after the discovery . . .
. . . See § 775.15(5), Fla. Stat. (1995); Fleming, 524 So.2d at 1147; Coleman v. . . .
. . . pursuant to the two-year statute of limitations for first-degree misdemeanors set forth in section 775.15 . . . Section 775.15(4), Florida Statutes (2000), provides in relevant part that “[a]n offense is committed . . .
. . . See § 775.15(2)(a), Fla. . . . The trial court found that the statute of limitations had been tolled pursuant to section 775.15(7), . . . The problem with this analysis is that section 775.15(7) does not and has never included section 794.041 . . . reenacted as part of section 794.011, which is a statute to which the tolling provisions of section 775.15 . . . The tolling provisions of section 775.15(7) are not applicable to violations of section 794.041 committed . . .
. . . See § 775.15, Fla. Stat. (1993). . . . “Other process” sufficient to commence prosecution under section 775.15(5) occurred by the time of his . . . See § 775.15(2)(b) (establishing a three-year statute of limitation for McCubbins’s crime). . . . .” § 775.15(5). . . . Stat. (1993). .Under section 775.15(6), the statute of limitations does not run if the defendant is continuously . . .