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Florida Statute 932.61 | Lawyer Caselaw & Research
F.S. 932.61 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 932.61

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW
View Entire Chapter
F.S. 932.61
932.61 Transfer of county or municipal charge to court providing trial by jury.A person charged in a court with a violation of a county or municipal ordinance for which no jury trial is provided may, when the violation of a county or municipal ordinance is also a violation of a state law, cause the transfer of the violation to the appropriate court in which a trial by jury is provided, in the following manner:
(1) Prior to the commencement of the trial in the court not providing trial by jury, the person charged, or his or her attorney, shall file a petition requesting transfer to the appropriate court providing trial by jury. The original petition shall be filed with the court where the charge is docketed and pending, and copies shall be furnished to the court where jury trial is provided and to the prosecuting authority of both courts.
(2) The petition shall be signed by the defendant or the defendant’s attorney and shall contain:
(a) The defendant’s name, age, and address;
(b) A description and citation of the charges filed against the defendant;
(c) A citation indicating that these charges also constitute a violation of state law;
(d) The date and amount of bond set, if any;
(e) An agreement to appear, answer, and attend the court to which the charge may be transferred;
(f) The date of incarceration, if incarcerated at the time of the making of the petition; and
(g) The demand for trial by jury.
(3) The judge of the court in which the person is charged shall entertain defendant’s petition forthwith and shall, upon finding the petition to be correct in all its allegations of fact, order by written endorsement on the petition the transfer of defendant’s cause to the appropriate court providing criminal jury trial jurisdiction.
(4) The clerk of the court not providing trial by jury, upon receipt of the judge’s order directing transfer, shall within 3 days transmit to the clerk of the court providing criminal jury trial jurisdiction all the original record materials, including bond and the petition to transfer, filed in the petitioner’s cause, certifying that they are all the original papers filed in the cause and kept by the clerk. The clerk of the court not providing trial by jury shall also transmit copies of all the record materials to the prosecuting attorney of the court providing jury trial jurisdiction to which defendant’s cause is being transferred. The clerk shall also furnish notice of transfer to the surety or bail bond agent, if there is one. Upon the entry of the order transferring the cause, it shall be the duty of the police authority of the court from which the cause is being transferred to transfer a complete and exact duplicate of all reports, records, and other papers relating to the cause to the prosecuting attorney of the court to which the cause is transferred.
History.s. 1, ch. 70-372; s. 1565, ch. 97-102.

F.S. 932.61 on Google Scholar

F.S. 932.61 on Casetext

Amendments to 932.61


Arrestable Offenses / Crimes under Fla. Stat. 932.61
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 932.61.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Hancock claims that the filing requirement in this case is similar to that set forth in section 932.61 . . .

WHIRLEY, v. STATE, 450 So. 2d 836 (Fla. 1984)

. . . only arguable statutory right to a jury trial for what we find to be a petty offense is under section 932.61 . . .

STATE v. A. REED,, 448 So. 2d 1102 (Fla. Dist. Ct. App. 1984)

. . . See §§ 316.1934(4), 932.61, Fla. Stat. (1983). . . . 379 So.2d 209 (Fla.1979), the court held there was a statutory right to a jury trial under section 932.61 . . .

STATE v. L. WHIRLEY,, 421 So. 2d 555 (Fla. Dist. Ct. App. 1982)

. . . Smith had waived his right to trial by jury by failing to file a transfer petition pursuant to section 932.61 . . .

H. SMITH, Jr. v. CITY OF LAKELAND,, 392 So. 2d 262 (Fla. Dist. Ct. App. 1980)

. . . However, pursuant to Section 932.61, Florida Statutes (1979), a person charged with violation of a municipal . . . This court has construed Section 932.61 to confer a statutory right to jury trial when the violation . . . statutory right to jury trial because he did not file a petition for transfer in accordance with Section 932.61 . . . Addressing this argument, we note that Section 932.61 was enacted in 1970, prior to the abolition of . . . Therefore, on the date of enactment of Section 932.61, violations of municipal ordinances were within . . .

POWERS, v. STATE, 370 So. 2d 854 (Fla. Dist. Ct. App. 1979)

. . . It has been determined that Section 932.61, Florida Statutes (1977), confers a statutory right to a jury . . .

A. BUTTERWORTH, a v. W. HARDIN,, 362 So. 2d 453 (Fla. Dist. Ct. App. 1978)

. . . Section 932.61, Florida Statutes (1975), requires a municipal judge to forthwith entertain a petition . . . the requisite three (3) days from the date of the signing of the order of transfer, pursuant to F.S. 932.61 . . .

CITY OF TAMPA, v. IPPOLITO,, 360 So. 2d 1316 (Fla. Dist. Ct. App. 1978)

. . . Section 932.61, Florida Statutes (1977), confers a statutory right to a jury trial when the violation . . .

McELROY, v. BROWN,, 311 So. 2d 786 (Fla. Dist. Ct. App. 1975)

. . . entry and the case has been transferred to county court for trial by jury as authorized by Section 932.61 . . .

STATE v. A. HENDRICKS,, 309 So. 2d 232 (Fla. Dist. Ct. App. 1975)

. . . February 28, 1974 Defendant petitioned the City to transfer the case to the County Court pursuant to F.S. 932.61 . . .

STATE F. BREWER, v. B. PETTIE,, 294 So. 2d 120 (Fla. Dist. Ct. App. 1974)

. . . . § 932.61, F.S.A. . . .

CASTANEDA, v. C. CONSER,, 292 So. 2d 37 (Fla. Dist. Ct. App. 1974)

. . . Section 932.61, F.S.A.) demanded jury trial, petitioning for transfer to the Orange County Court since . . .

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

. . . Such construction of § 932.61 F.S.A. is fortified by examination in the following section of the same . . . The Cook case referring to F.S.A. §§ 932.61932.65 states: “With respect to the transfer of a municipal . . .

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

. . . . § 932.61, F.S.A., describes the method by which charges may be filed in the State court when a person . . . The time periods prescribed in Fla.Stat. §§ 932.61-932.65, F.S.A., relate to the filing of charges in . . .

STATE v. HAYNIE, 37 Fla. Supp. 51 (Fla. Cir. Ct. 1972)

. . . also constituted criminal violations of the laws of the State of Florida. 2Pursuant to Florida Statute 932.61 . . . Whether or not the case is a “transfer case” under Florida Statute 932.61, a non-transferred felony or . . . Florida Statute 932.61 is the “transfer” statute and reads as follows: Transfer of county or municipal . . .

NESLER, v. HAMPTON, III,, 260 So. 2d 561 (Fla. Dist. Ct. App. 1972)

. . . . § 932.61, F.S.A. . F.S. § 322.262(4), F.S.A. . Ordinance No. 1677, § 1 — 11. . . . .

STATE v. RESSLER,, 257 So. 2d 620 (Fla. Dist. Ct. App. 1971)

. . . The resolution of the issue in this case involves an interpretation of Sections 932.61 and 932.63, F.S . . . Thereafter, respondent filed a petition pursuant to Section 932.61, F.S.1970, F.S.A., in the municipal . . . Section 932.61, F.S.1970, F.S.A., creates a right in a person who has been charged in a municipal court . . . The provisions of Section 932.61, F.S.1970, are supplemented by Section 932.63, F.S.1970, which provides . . . .1970, F.S.A., of the cause transferred to it by the municipal court under the authority of Section 932.61 . . .

MITCHELL v. CITY OF FORT LAUDERDALE,, 254 So. 2d 824 (Fla. Dist. Ct. App. 1971)

. . . The resolution of this issue involves an interpretation of F.S. 1970, Section 932.61, F.S.A., a recent . . . F.S.1970, Section 932.61, F.S.A., relied upon by the petitioners, provides in pertinent part as follows . . . municipality do not clearly demonstrate that the municipal violation is also a violation of state law, Section 932.61 . . .

STATE v. COOK, 254 So. 2d 560 (Fla. Dist. Ct. App. 1971)

. . . The defendants petitioned the City court under Fla.Stat. 932.61, F.S.A. to have their cases transferred . . . informations because the cases were not transferred within the three-day statutory limits set out in Fla.Stat. 932.61 . . . Florida Statute § 932.61, F.S.A. prescribes the method whereby a person, charged in a court that does . . . The pertinent parts of the statute are as follows : “932.61 Transfer of county or municipal charge to . . .

ERB v. CITY OF FORT LAUDERDALE, 36 Fla. Supp. 21 (Broward Cty. Cir. Ct. 1971)

. . . the pendency of these proceedings, the legislature has enacted ch. 70-372, Laws of Florida, 1970, §932.61 . . . petitioner with a jury trial in said court or, upon proper application by petitioner in conformity with §932.61 . . .

DOHM, v. D. O CONNOR, a, 240 So. 2d 636 (Fla. 1970)

. . . Act relating to criminal trial procedure; amending chapter 932, Florida Statutes, by adding sections 932.61 . . .