Florida Statute 932.65 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW

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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.

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Amendments to 932.65

Annotations, Discussions, Cases:

Cases Citing Statute 932.65

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State v. Hancock, 529 So. 2d 1200 (Fla. 5th DCA 1988).

Cited 3 times | Published | Florida 5th District Court of Appeal | 1988 WL 74315

...sfer order in which to transmit the court record to the clerk of the county court. Formal charges for incarcerated defendants must be filed within three days of the transfer and failure to file charges, by the terms of the statute, requires release. § 932.65, Fla....

...each instance, dependent upon the time each previous step was taken, and, accordingly, the failure to transmit a record within three days required dismissal of the charges. 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....

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