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- Florida Criminal Procedure And Corrections Code Section 900.01; Title.
Chapters 900-925 may be cited as the "Criminal Procedure ...
- Florida Criminal Procedure And Corrections Code Section 900.02; Effective date.
The Criminal Procedure Law shall become effective at 12:01 a.m., January 1, 1971, and shall govern the procedure in all criminal cases instituted ...
- Florida Criminal Procedure And Corrections Code Section 900.03; Courts vested with criminal jurisdiction; process.
(1) Original jurisdiction in criminal cases is vested in the circuit courts and county courts. (2) Courts having criminal jurisdiction may issue writs and process ...
- Florida Criminal Procedure And Corrections Code Section 900.04; Contempts.
Said courts, in the exercise of their criminal jurisdiction may punish for contempts as in the exercise of their civil jurisdiction, and the county courts ...
- Florida Criminal Procedure And Corrections Code Section 901.01; Judicial officers have committing authority.
Each state judicial officer is a conservator of the peace and has committing authority to issue warrants of arrest, commit offenders to jail, and recognize ...
- Florida Criminal Procedure And Corrections Code Section 901.02; When warrant of arrest to be issued.
(1) A warrant may be issued for the arrest of the person complained against if the trial court judge, from the examination of the complainant ...
- Florida Criminal Procedure And Corrections Code Section 901.04; Direction and execution of warrant.
Warrants shall be directed to all sheriffs of the state. A warrant shall be executed only by the sheriff of the county in which the ...
- Florida Criminal Procedure And Corrections Code Section 901.07; Admission to bail when arrest occurs in another county.
(1) When an arrest by a warrant occurs in a county other than the one in which the alleged offense was committed and the warrant ...
- Florida Criminal Procedure And Corrections Code Section 901.08; Issue of warrant when offense triable in another county.
(1) When a complaint before a trial court judge charges the commission of an offense that is punishable by death or life imprisonment and is ...
- Florida Criminal Procedure And Corrections Code Section 901.09; When summons shall be issued.
(1) When the complaint is for an offense that the trial court judge is empowered to try summarily, the trial court judge shall issue a ...
- Florida Criminal Procedure And Corrections Code Section 901.10; How summons served.
A summons shall be served in the same manner as a summons in a civil ...
- Florida Criminal Procedure And Corrections Code Section 901.11; Effect of not answering summons.
Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine ...
- Florida Criminal Procedure And Corrections Code Section 901.12; Summons against corporation.
When a complaint of an offense is made against a corporation, the trial court judge shall issue a summons that shall set forth substantially the ...
- Florida Criminal Procedure And Corrections Code Section 901.14; Effect of failure by corporation to answer summons.
If, after being summoned, the corporation does not appear, a plea of not guilty shall be entered by the court having jurisdiction to try the ...
- Florida Criminal Procedure And Corrections Code Section 901.15; When arrest by officer without warrant is lawful.
A law enforcement officer may arrest a person without a warrant when: (1) The person has committed a felony or misdemeanor or violated a municipal ...
- Florida Criminal Procedure And Corrections Code Section 901.1505; Federal law enforcement officers; powers.
(1) As used in this section, the term "federal law enforcement officer" means a person who is employed by the Federal Government as a full-...
- Florida Criminal Procedure And Corrections Code Section 901.151; Stop and Frisk Law.
(1) This section may be known and cited as the "Florida Stop and Frisk Law." (2) Whenever any law enforcement officer of this state encounters ...
- Florida Criminal Procedure And Corrections Code Section 901.16; Method of arrest by officer by a warrant.
A peace officer making an arrest by a warrant shall inform the person to be arrested of the cause of arrest and that a warrant ...
- Florida Criminal Procedure And Corrections Code Section 901.17; Method of arrest by officer without warrant.
A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer's authority and the cause of ...
- Florida Criminal Procedure And Corrections Code Section 901.18; Officer may summon assistance.
A peace officer making a lawful arrest may command the aid of persons she or he deems necessary to make the arrest. A person commanded ...
- Florida Criminal Procedure And Corrections Code Section 901.19; Right of officer to break into building.
(1) If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make ...
- Florida Criminal Procedure And Corrections Code Section 901.20; Use of force to effect release of person making arrest detained in building.
A peace officer may use any reasonable force to liberate himself or herself or another person from detention in a building entered for the purpose ...
- Florida Criminal Procedure And Corrections Code Section 901.21; Search of person arrested.
(1) When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person's immediate presence for ...
- Florida Criminal Procedure And Corrections Code Section 901.211; Strip searches of persons arrested; body cavity search.
(1) As used in this section, the term "strip search" means having an arrested person remove or arrange some or all of his or her ...
- Florida Criminal Procedure And Corrections Code Section 901.215; Search of person arrested for identifying device indicating a medical disability.
Every law enforcement officer, sheriff, deputy sheriff, or other arresting officer shall, when arresting any person who appears to be inebriated, intoxicated, or not in ...
- Florida Criminal Procedure And Corrections Code Section 901.22; Arrest after escape or rescue.
If a person lawfully arrested escapes or is rescued, the person from whose custody she or he escapes or was rescued or any other officer ...
- Florida Criminal Procedure And Corrections Code Section 901.24; Right of person arrested to consult attorney.
A person arrested shall be allowed to consult with any attorney entitled to practice in this state, alone and in private at the place of ...
- Florida Criminal Procedure And Corrections Code Section 901.245; Interpreter services for deaf persons.
In the event that a person who is deaf is arrested and taken into custody for an alleged violation of a criminal law of this ...
- Florida Criminal Procedure And Corrections Code Section 901.25; Fresh pursuit; arrest outside jurisdiction.
(1) The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law and also the pursuit of ...
- Florida Criminal Procedure And Corrections Code Section 901.252; Authority to patrol municipally owned or leased property and facilities outside municipal limits; taking into custody outside territorial jurisdiction.
(1) A duly constituted law enforcement officer employed by a municipality may patrol property and facilities which are owned or leased by the municipality but ...
- Florida Criminal Procedure And Corrections Code Section 901.26; Arrest and detention of foreign nationals.
Failure to provide consular notification under the Vienna Convention on Consular Relations or other bilateral consular conventions shall not be a defense in any criminal ...
- Florida Criminal Procedure And Corrections Code Section 901.28; Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search.
The issuance of a notice to appear shall not be construed to affect a law enforcement officer's authority to conduct an otherwise lawful search, ...
- Florida Criminal Procedure And Corrections Code Section 901.29; Authorization to take person to medical facility.
Even though a notice to appear is issued, a law enforcement officer shall be authorized to take a person to a medical facility for such ...
- Florida Criminal Procedure And Corrections Code Section 901.31; Failure to obey written promise to appear.
Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not ...
- Florida Criminal Procedure And Corrections Code Section 901.35; Financial responsibility for medical expenses.
(1) Notwithstanding any other provision of law, the responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill, wounded, ...
- Florida Criminal Procedure And Corrections Code Section 901.36; Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders.
(1) It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or ...
- Florida Criminal Procedure And Corrections Code Section 902.15; Undertaking by witness.
When a defendant is held to answer on a charge for a crime punishable by death or life imprisonment, the trial court judge at the ...
- Florida Criminal Procedure And Corrections Code Section 902.17; Procedure when witness does not give security.
(1) If a witness required to enter into a recognizance to appear refuses to comply with the order, the trial court judge shall commit the ...
- Florida Criminal Procedure And Corrections Code Section 902.19; When prosecutor liable for costs.
(1) When a person makes a complaint before a county court judge that a crime has been committed and is recognized by the county court ...
- Florida Criminal Procedure And Corrections Code Section 902.20; Contempts before committing trial court judge.
A committing trial court judge holding a preliminary hearing shall have the same power to punish for contempts that she or he has while presiding ...
- Florida Criminal Procedure And Corrections Code Section 902.21; Commitment to jail in another county.
If a person is committed in a county where there is no jail, the committing trial court judge shall direct the sheriff to deliver the ...
- Florida Criminal Procedure And Corrections Code Section 903.011; "Bail" and "bond" defined.
As used in this chapter, the terms "bail" and "bond" include any and all forms of pretrial ...
- Florida Criminal Procedure And Corrections Code Section 903.02; Actions following denial; changes in bail conditions or bond amount; separation by charge or offense.
(1) If application for bail is made to an authorized court and denied, no court of inferior jurisdiction shall admit the applicant to bail unless ...
- Florida Criminal Procedure And Corrections Code Section 903.03; Jurisdiction of trial court to admit to bail; duties and responsibilities of Department of Corrections.
(1) After a person is held to answer by a trial court judge, the court having jurisdiction to try the defendant shall, before indictment, affidavit, ...
- Florida Criminal Procedure And Corrections Code Section 903.035; Applications for bail; information provided; hearing on application for modification; penalty for providing false or misleading information or omitting material information.
(1)(a) All information provided by a defendant, in connection with any application for or attempt to secure bail, to any court, court personnel, or ...
- Florida Criminal Procedure And Corrections Code Section 903.045; Nature of criminal surety bail bonds.
It is the public policy of this state and the intent of the Legislature that a criminal surety bail bond, executed by a bail bond ...
- Florida Criminal Procedure And Corrections Code Section 903.046; Purpose of and criteria for bail determination.
(1) The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect ...
- Florida Criminal Procedure And Corrections Code Section 903.047; Conditions of pretrial release.
(1) As a condition of pretrial release, whether such release is by surety bail bond or recognizance bond or in some other form, the defendant ...
- Florida Criminal Procedure And Corrections Code Section 903.0471; Violation of condition of pretrial release.
Notwithstanding s. 907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to ...
- Florida Criminal Procedure And Corrections Code Section 903.05; Qualification of sureties.
A surety for the release of a person on bail, other than a company authorized by law to act as a surety, shall be a ...
- Florida Criminal Procedure And Corrections Code Section 903.06; Validity of undertaking by minor.
Minors may bind themselves by a bond to secure their release on bail in the same manner as persons sui ...
- Florida Criminal Procedure And Corrections Code Section 903.08; Sufficiency of sureties.
The combined net worth of the sureties, exclusive of any other bonds on which they may be principal, or surety and property exempt from execution, ...
- Florida Criminal Procedure And Corrections Code Section 903.09; Justification of sureties.
(1) A surety shall execute an affidavit stating that she or he possesses the qualifications and net worth required to become a surety. The affidavit ...
- Florida Criminal Procedure And Corrections Code Section 903.101; Sureties; licensed persons; to have equal access.
Subject to rules adopted by the Department of Financial Services and by the Financial Services Commission, every surety who meets the requirements of ss. 903....
- Florida Criminal Procedure And Corrections Code Section 903.105; Appearance bonds.
Any criminal defendant who is required to meet monetary bail or bail with any monetary component may satisfy such bail by providing a surety bond ...
- Florida Criminal Procedure And Corrections Code Section 903.131; Bail on appeal, revocation; recommission.
If a person admitted to bail on appeal commits and is convicted of a separate felony while free on appeal, the bail on appeal shall ...
- Florida Criminal Procedure And Corrections Code Section 903.132; Bail on appeal; conditions for granting; appellate review.
(1) No person may be admitted to bail upon appeal from a conviction of a felony unless the defendant establishes that the appeal is taken ...
- Florida Criminal Procedure And Corrections Code Section 903.133; Bail on appeal; prohibited for certain felony convictions.
Notwithstanding the provisions of s. 903.132, no person adjudged guilty of a felony of the first degree for a violation of s. 782.04(...
- Florida Criminal Procedure And Corrections Code Section 903.14; Contracts to indemnify sureties.
(1) A surety shall file with the bond an affidavit stating the amount and source of any security or consideration which the surety or anyone ...
- Florida Criminal Procedure And Corrections Code Section 903.16; Deposit of money or bonds as bail.
(1) A defendant who has been admitted to bail, or another person in the defendant's behalf, may deposit with the official authorized to take ...
- Florida Criminal Procedure And Corrections Code Section 903.17; Substitution of cash bail for other bail.
When bail other than a deposit of money or bonds has been given, the defendant or the surety may deposit money or bonds as provided ...
- Florida Criminal Procedure And Corrections Code Section 903.18; Bail after deposit of money or bonds.
Bail by sureties may be substituted for a deposit of money or bonds as bail any time before a breach of the ...
- Florida Criminal Procedure And Corrections Code Section 903.20; Surrender of defendant.
The defendant may surrender himself or herself or a surety may surrender the defendant any time before a breach of the ...
- Florida Criminal Procedure And Corrections Code Section 903.21; Method of surrender; exoneration of obligors.
(1) A surety desiring to surrender a defendant shall deliver a copy of the bond and the defendant to the official who had custody of ...
- Florida Criminal Procedure And Corrections Code Section 903.22; Arrest of principal by surety before forfeiture.
A surety may arrest the defendant before a forfeiture of the bond for the purpose of surrendering the defendant or the surety may authorize a ...
- Florida Criminal Procedure And Corrections Code Section 903.26; Forfeiture of the bond; when and how directed; discharge; how and when made; effect of payment.
(1) A bail bond shall not be forfeited unless: (a) The information, indictment, or affidavit was filed within 6 months from the date of arrest, ...
- Florida Criminal Procedure And Corrections Code Section 903.27; Forfeiture to judgment.
(1) If the forfeiture is not paid or discharged by order of a court of competent jurisdiction within 60 days and the bond is secured ...
- Florida Criminal Procedure And Corrections Code Section 903.28; Remission of forfeiture; conditions.
(1) On application within 2 years from forfeiture, the court shall order remission of the forfeiture if it determines that there was no breach of ...
- Florida Criminal Procedure And Corrections Code Section 903.286; Return of cash bond; requirement to withhold unpaid fines, fees, and court costs.
Notwithstanding the provisions of s. 903.31(2), the clerk of the court shall withhold from the return of a cash bond posted on behalf ...
- Florida Criminal Procedure And Corrections Code Section 903.29; Arrest of principal by surety after forfeiture.
Within 2 years from the date of forfeiture of a bond, the surety may arrest the principal for the purpose of surrendering the principal to ...
- Florida Criminal Procedure And Corrections Code Section 903.31; Canceling the bond.
(1) Within 10 business days after the conditions of a bond have been satisfied or the forfeiture discharged or remitted, the court shall order the ...
- Florida Criminal Procedure And Corrections Code Section 903.32; Defects in bond.
(1) A bond shall not be held invalid because of any irregularity if it was taken by a legally authorized official and states the place ...
- Florida Criminal Procedure And Corrections Code Section 903.33; Bail not discharged for certain defects.
The liability of a surety shall not be affected by his or her lack of any qualifications required by law, any agreement not expressed in ...
- Florida Criminal Procedure And Corrections Code Section 903.34; Who may admit to bail.
In criminal actions instituted or pending in any state court, bonds given by defendants before trial until appeal shall be approved by a committing trial ...
- Florida Criminal Procedure And Corrections Code Section 903.36; Guaranteed arrest bond certificates as cash bail.
(1) A guaranteed traffic arrest bond certificate provided for in s. 627.758 shall be accepted as bail in an amount not to exceed $1,...
- Florida Criminal Procedure And Corrections Code Section 905.01; Number and procurement of grand jury; replacement of member.
(1) The grand jury shall consist of not fewer than 15 nor more than 21 persons. The provisions of law governing the qualifications, disqualifications, excusals, ...
- Florida Criminal Procedure And Corrections Code Section 905.02; Who may challenge.
The state or a person who has been held to answer may challenge the panel or individual grand ...
- Florida Criminal Procedure And Corrections Code Section 905.03; Ground for challenge to panel.
A challenge to the panel may be made only on the ground that the grand jurors were not selected according to ...
- Florida Criminal Procedure And Corrections Code Section 905.04; Grounds for challenge to individual prospective grand juror.
(1) The state or a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror: (...
- Florida Criminal Procedure And Corrections Code Section 905.05; When challenge or objection to be made.
A challenge or objection to the grand jury may not be made after it has been impaneled and sworn. This section shall not apply to ...
- Florida Criminal Procedure And Corrections Code Section 905.06; How challenge made and tried.
Challenges to an individual grand juror or to the panel shall be tried by the court. A challenge to an individual grand juror may be ...
- Florida Criminal Procedure And Corrections Code Section 905.07; Effect of sustaining challenge to panel.
If a challenge to the panel is sustained, the grand jury shall be ...
- Florida Criminal Procedure And Corrections Code Section 905.075; Excusing grand juror related to person being investigated.
A grand juror may excuse herself or himself, be excused by a majority vote of the other grand jurors, or be excused by order of ...
- Florida Criminal Procedure And Corrections Code Section 905.08; Appointment of foreperson.
After the grand jury has been impaneled, the court shall appoint one of the grand jurors as foreperson and another to act as foreperson during ...
- Florida Criminal Procedure And Corrections Code Section 905.09; Discharge and recall of grand jury.
A grand jury that has been dismissed may be recalled at any time during the same term of ...
- Florida Criminal Procedure And Corrections Code Section 905.095; Extension of grand jury term.
Upon petition of the state attorney or the foreperson of the grand jury acting on behalf of a majority of the grand jurors, the circuit ...
- Florida Criminal Procedure And Corrections Code Section 905.10; Oath of grand jurors.
The clerk shall prepare a list of the names of the grand jurors. After the jury is impaneled, the following oath shall be administered to ...
- Florida Criminal Procedure And Corrections Code Section 905.11; Charge of court.
After the grand jurors are sworn the court shall charge them concerning their ...
- Florida Criminal Procedure And Corrections Code Section 905.12; Retirement of grand jurors.
After being charged by the court, the grand jury shall retire to a private place and perform their ...
- Florida Criminal Procedure And Corrections Code Section 905.13; Appointment of clerk.
The foreperson shall appoint one of the grand jurors as clerk to keep minutes of the ...
- Florida Criminal Procedure And Corrections Code Section 905.15; Appointment of interpreter.
The foreperson shall appoint an interpreter to interpret the testimony of any witness who does not speak the English language well enough to be readily ...
- Florida Criminal Procedure And Corrections Code Section 905.16; Duties of grand jury.
The grand jury shall inquire into every offense triable within the county for which any person has been held to answer, if an indictment has ...
- Florida Criminal Procedure And Corrections Code Section 905.165; Grand jury to make presentments.
The grand jury may make presentments for offenses against the criminal laws, whether or not specific punishment is provided for the ...
- Florida Criminal Procedure And Corrections Code Section 905.17; Who may be present during session of grand jury.
(1) No person shall be present at the sessions of the grand jury except the witness under examination, one attorney representing the witness for the ...
- Florida Criminal Procedure And Corrections Code Section 905.18; Duty of court.
When requested, the court shall advise the grand jury about its legal duties. In its original charge or thereafter the court shall not restrict an ...
- Florida Criminal Procedure And Corrections Code Section 905.185; State attorney to issue process.
When requested by the grand jury, the state attorney or his or her designated assistant shall issue process to secure the attendance of ...
- Florida Criminal Procedure And Corrections Code Section 905.19; Duty of state attorney.
The state attorney or an assistant state attorney shall attend sessions of the grand jury to examine witnesses and give legal advice about any matter ...
- Florida Criminal Procedure And Corrections Code Section 905.195; List of witnesses; minutes.
(1) The foreperson of the grand jury shall return to the court a list under his or her hand of all witnesses who have been ...
- Florida Criminal Procedure And Corrections Code Section 905.20; Duty of grand juror having knowledge of offense.
A grand juror who knows or has reason to believe that an indictable offense triable within the county has been committed shall report the information ...
- Florida Criminal Procedure And Corrections Code Section 905.21; When grand jury of another county may indict in other cases.
When an offense has been committed in a county and the circuit court has determined that conditions in that county make it impractical to convene ...
- Florida Criminal Procedure And Corrections Code Section 905.22; Swearing of witnesses.
The foreperson, state attorney, or assistant state attorney shall administer an oath or affirmation in the manner prescribed by law to any witness who testifies ...
- Florida Criminal Procedure And Corrections Code Section 905.23; Number of grand jurors required to return indictment.
An indictment shall not be found without the concurrence of 12 grand ...
- Florida Criminal Procedure And Corrections Code Section 905.24; Proceedings of grand jury to be kept secret.
Grand jury proceedings are secret, and a grand juror or an interpreter appointed pursuant to s. 90.6063(2) shall not disclose the nature or ...
- Florida Criminal Procedure And Corrections Code Section 905.25; Grand juror not permitted to state or testify.
A grand juror shall not be permitted to state or testify in any court how she or he or any other grand juror voted on ...
- Florida Criminal Procedure And Corrections Code Section 905.26; Not to disclose finding of indictment.
Unless ordered by the court, a grand juror, reporter, stenographer, interpreter, or officer of the court shall not disclose that an indictment for a felony ...
- Florida Criminal Procedure And Corrections Code Section 905.27; Testimony not to be disclosed; exceptions.
(1) A grand juror, state attorney, assistant state attorney, reporter, stenographer, interpreter, or any other person appearing before the grand jury shall not disclose the ...
- Florida Criminal Procedure And Corrections Code Section 905.28; Publication of report or presentment; motion to repress.
(1) A report or presentment of the grand jury relating to an individual which is not accompanied by a true bill or indictment is confidential ...
- Florida Criminal Procedure And Corrections Code Section 905.31; Short title.
Sections 905.31-905.40 shall be known and may be cited as the "Statewide Grand Jury ...
- Florida Criminal Procedure And Corrections Code Section 905.32; Legislative intent.
It is the intent of the Legislature in enacting this act to strengthen the grand jury system and enhance the ability of the state to ...
- Florida Criminal Procedure And Corrections Code Section 905.33; Petition to Supreme Court by Governor; order.
(1) Whenever the Governor, for good and sufficient reason, deems it to be in the public interest to impanel a statewide grand jury, she or ...
- Florida Criminal Procedure And Corrections Code Section 905.34; Powers and duties; law applicable.
The jurisdiction of a statewide grand jury impaneled under this chapter shall extend throughout the state. The subject matter jurisdiction of the statewide grand jury ...
- Florida Criminal Procedure And Corrections Code Section 905.35; Appointment of foreperson and deputy foreperson.
The statewide grand jury shall elect, by majority vote, a foreperson and deputy foreperson from among its ...
- Florida Criminal Procedure And Corrections Code Section 905.36; Duty of state attorney or other legal adviser; presentation of evidence.
The statewide prosecutor in charge of the Office of Statewide Prosecution shall attend sessions of the statewide grand jury and serve as its legal adviser. ...
- Florida Criminal Procedure And Corrections Code Section 905.37; List of prospective jurors; impanelment; composition of jury; compensation.
(1) On or before July 15, 1973, and not later than the first week in December of each year thereafter, the chief judge of each ...
- Florida Criminal Procedure And Corrections Code Section 905.38; Summoning of jurors.
The Clerk of the Supreme Court, upon receipt of the venire for the statewide grand jury from the presiding judge, shall issue and cause to ...
- Florida Criminal Procedure And Corrections Code Section 905.39; Judicial supervision; returns.
Judicial supervision of the statewide grand jury shall be maintained by the presiding judge, and all indictments, presentments, and formal returns of any kind made ...
- Florida Criminal Procedure And Corrections Code Section 905.395; Unlawful acts related to disclosure of proceedings; penalty.
Unless pursuant to court order, it is unlawful for any person knowingly to publish, broadcast, disclose, divulge, or communicate to any other person, or knowingly ...
- Florida Criminal Procedure And Corrections Code Section 905.40; Payment of costs and expenses.
The costs and expenses incurred by the statewide grand jury in the performance of its functions and duties shall be paid by the state out ...
- Florida Criminal Procedure And Corrections Code Section 907.04; Disposition of defendant upon arrest.
(1) Except as provided in subsection (2), if a person who is arrested does not have a right to bail for the offense charged, he ...
- Florida Criminal Procedure And Corrections Code Section 907.041; Pretrial detention and release.
(1) LEGISLATIVE INTENT.--It is the policy of this state that persons committing serious criminal offenses, posing a threat to the safety of the community ...
- Florida Criminal Procedure And Corrections Code Section 907.045; Habeas corpus; motion to dismiss; preliminary hearing.
A defendant who is in custody when an indictment, information, or affidavit on which she or he can be tried is filed may apply for ...
- Florida Criminal Procedure And Corrections Code Section 907.05; Criminal cases in circuit court to be tried first.
Cases on the criminal docket shall be tried first at each term of the circuit court, if they can be tried without injury to the ...
- Florida Criminal Procedure And Corrections Code Section 907.055; Trial of persons in custody.
A defendant who is in custody when an indictment or information for a felony is filed shall be arraigned and tried during the term when ...
- Florida Criminal Procedure And Corrections Code Section 910.005; State criminal jurisdiction.
(1) A person is subject to prosecution in this state for an offense that she or he commits, while either within or outside the state, ...
- Florida Criminal Procedure And Corrections Code Section 910.006; State special maritime criminal jurisdiction.
(1) LEGISLATIVE FINDINGS AND INTENT.-- (a) The State of Florida is a major center for international travel and trade by sea. (b) The state has ...
- Florida Criminal Procedure And Corrections Code Section 910.01; Offenses committed partly in this state.
(1) If the commission of an offense commenced outside the state is consummated within this state, the offender shall be tried in the county where ...
- Florida Criminal Procedure And Corrections Code Section 910.02; Offense committed while in transit.
If an offense is committed on a railroad car, vehicle, watercraft, or aircraft traveling within this state and it is not known in which county ...
- Florida Criminal Procedure And Corrections Code Section 910.03; Place of trial generally.
(1) Except as provided in s. 910.035 or in subsection (2), criminal prosecutions shall be tried in the county where the offense was committed; ...
- Florida Criminal Procedure And Corrections Code Section 910.035; Transfer from county for plea and sentence.
(1) INDICTMENT OR INFORMATION PENDING.--A defendant arrested or held in a county other than that in which an indictment or information is pending against ...
- Florida Criminal Procedure And Corrections Code Section 910.04; Where aider in one county and offense committed in another.
If a person in one county aids, abets, or procures the commission of an offense in another county, the person may be tried in either ...
- Florida Criminal Procedure And Corrections Code Section 910.05; Where acts constituting one offense are committed in two or more counties.
If the acts constituting one offense are committed in two or more counties, the offender may be tried in any county in which any of ...
- Florida Criminal Procedure And Corrections Code Section 910.06; Where person in one county commits offense in another.
If a person in one county commits an offense in another county, the offender may be tried in either ...
- Florida Criminal Procedure And Corrections Code Section 910.09; Cause of death inflicted in one county and death occurs in another.
If the cause of death is inflicted in one county and death occurs in another county, the offender may be tried in either ...
- Florida Criminal Procedure And Corrections Code Section 910.10; Where stolen property brought into another county.
A person who obtains property by larceny, robbery, or embezzlement may be tried in any county in which the person exercises control over the ...
- Florida Criminal Procedure And Corrections Code Section 910.11; Conviction or acquittal bar to prosecution.
(1) No person shall be held to answer on a second indictment, information, or affidavit for an offense for which the person has been acquitted. ...
- Florida Criminal Procedure And Corrections Code Section 910.12; Trial of aider.
A person, within or outside this state, who counsels, hires, or procures a felony to be committed may be tried in the same county in ...
- Florida Criminal Procedure And Corrections Code Section 910.13; Accessory after the fact.
A person who becomes an accessory after the fact to a felony may be tried in the county in which the person became an accessory ...
- Florida Criminal Procedure And Corrections Code Section 910.14; Kidnapping.
A person who commits an offense provided for in s. 787.01 or s. 787.02 may be tried in any county in which the ...
- Florida Criminal Procedure And Corrections Code Section 910.15; Theft and fraudulent practices concerning communication systems.
(1) A person charged with committing: (a) A fraudulent practice in a manner in which it may reasonably be assumed that a communication made to ...
- Florida Criminal Procedure And Corrections Code Section 910.16; Venue; public meetings law violations.
Any knowing violation of s. 286.011 occurring outside the state shall be prosecuted in the county in which the board or commission normally conducts ...
- Florida Criminal Procedure And Corrections Code Section 913.03; Grounds for challenge to individual jurors for cause.
A challenge for cause to an individual juror may be made only on the following grounds: (1) The juror does not have the qualifications required ...
- Florida Criminal Procedure And Corrections Code Section 913.08; Number of peremptory challenges.
(1) The state and the defendant shall each be allowed the following number of peremptory challenges: (a) Ten, if the offense charged is punishable by ...
- Florida Criminal Procedure And Corrections Code Section 913.10; Number of jurors.
Twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal ...
- Florida Criminal Procedure And Corrections Code Section 913.12; Qualifications of jurors.
The qualifications of jurors in criminal cases shall be the same as their qualifications in civil ...
- Florida Criminal Procedure And Corrections Code Section 913.13; Jurors in capital cases.
A person who has beliefs which preclude her or him from finding a defendant guilty of an offense punishable by death shall not be qualified ...
- Florida Criminal Procedure And Corrections Code Section 913.15; Special jurors.
The court may summon jurors in addition to the regular ...
- Florida Criminal Procedure And Corrections Code Section 914.001; Witnesses; subpoenas to run throughout the state; all names to be included in one subpoena.
(1) Subpoenas for witnesses in criminal cases shall run throughout the state and be directed to all of the sheriffs of the state. (2) When ...
- Florida Criminal Procedure And Corrections Code Section 914.03; Attendance of witnesses.
A witness summoned by a grand jury or in a criminal case shall remain in attendance until excused by the court. A witness who departs ...
- Florida Criminal Procedure And Corrections Code Section 914.04; Witnesses; person not excused from testifying or producing evidence in certain prosecutions on ground testimony might incriminate him or her; use of testimony given or evidence produced.
No person who has been duly served with a subpoena or subpoena duces tecum shall be excused from attending and testifying or producing any book, ...
- Florida Criminal Procedure And Corrections Code Section 914.05; Compelled testimony tending to incriminate witness; immunity.
The testimony or evidence of a witness who has been ordered by a court of the United States to testify or produce evidence regarding treason, ...
- Florida Criminal Procedure And Corrections Code Section 914.07; Competency of evidence.
Except as otherwise provided, the law regarding competency of evidence and witnesses in civil cases shall apply in criminal ...
- Florida Criminal Procedure And Corrections Code Section 914.11; Indigent defendants.
If a defendant in a criminal case is indigent pursuant to s. 27.52 and presently unable to pay the cost of procuring the attendance ...
- Florida Criminal Procedure And Corrections Code Section 914.12; Memorandum of recognizance of witness; removal for violation.
When a county court judge recognizes a witness to appear before the grand jury, the judge shall give the witness a written memorandum stating that ...
- Florida Criminal Procedure And Corrections Code Section 914.13; Commitment for perjury.
When a court of record has reason to believe that a witness or party who has been legally sworn and examined or has made an ...
- Florida Criminal Procedure And Corrections Code Section 914.14; Witnesses accepting bribes.
(1) It is unlawful for any person who is a witness in a proceeding instituted by a duly constituted prosecuting authority of this state to ...
- Florida Criminal Procedure And Corrections Code Section 914.15; Law enforcement officers; nondisclosure of personal information.
Any law enforcement officer of the state or of any political subdivision thereof who provides information relative to a criminal investigation or in proceedings preliminary ...
- Florida Criminal Procedure And Corrections Code Section 914.16; Child abuse and sexual abuse of victims under age 16 or persons with mental retardation; limits on interviews.
The chief judge of each judicial circuit, after consultation with the state attorney and the public defender for the judicial circuit, the appropriate chief law ...
- Florida Criminal Procedure And Corrections Code Section 914.17; Appointment of advocate for victims or witnesses who are minors or persons with mental retardation.
(1) A guardian ad litem or other advocate shall be appointed by the court to represent a minor in any criminal proceeding if the minor ...
- Florida Criminal Procedure And Corrections Code Section 914.21; Definitions.
As used in ss. 914.22-914.24, the term: (1) "Bodily injury" means: (a) A cut, abrasion, bruise, burn, or disfigurement; (b) Physical pain; (...
- Florida Criminal Procedure And Corrections Code Section 914.22; Tampering with a witness, victim, or informant.
(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward ...
- Florida Criminal Procedure And Corrections Code Section 914.23; Retaliating against a witness, victim, or informant.
A person who knowingly engages in any conduct that causes bodily injury to another person or damages the tangible property of another person, or threatens ...
- Florida Criminal Procedure And Corrections Code Section 914.24; Civil action to restrain harassment of a victim or witness.
(1)(a) A circuit court, upon application of the state attorney, shall issue a temporary restraining order prohibiting the harassment of a victim or witness ...
- Florida Criminal Procedure And Corrections Code Section 914.25; Protective services for certain victims and witnesses.
(1) For purposes of this section, the term: (a) "Victim or witness at risk of harm" means a victim or witness who, as a result ...
- Florida Criminal Procedure And Corrections Code Section 914.27; Confidentiality of victim and witness information.
(1) Information held by any state or local law enforcement agency, state attorney, the statewide prosecutor, the Victim and Witness Protection Review Committee created pursuant ...
- Florida Criminal Procedure And Corrections Code Section 916.10; Short title.
This chapter may be cited as the "Forensic Client Services ...
- Florida Criminal Procedure And Corrections Code Section 916.105; Legislative intent.
(1) It is the intent of the Legislature that the Department of Children and Family Services and the Agency for Persons with Disabilities, as appropriate, ...
- Florida Criminal Procedure And Corrections Code Section 916.106; Definitions.
For the purposes of this chapter, the term: (1) "Agency" means the Agency for Persons with Disabilities. The agency is responsible for training forensic clients ...
- Florida Criminal Procedure And Corrections Code Section 916.107; Rights of forensic clients.
(1) RIGHT TO INDIVIDUAL DIGNITY.-- (a) The policy of the state is that the individual dignity of the client shall be respected at all times ...
- Florida Criminal Procedure And Corrections Code Section 916.1075; Sexual misconduct prohibited; reporting required; penalties.
(1) As used in this section, the term: (a) "Covered person" means an employee, volunteer, or intern of the department or agency; any person under ...
- Florida Criminal Procedure And Corrections Code Section 916.1081; Escape from program; penalty.
(1) A forensic client who is involuntarily committed to the department or agency, who is in the custody of the department or agency, and who ...
- Florida Criminal Procedure And Corrections Code Section 916.1085; Introduction or removal of certain articles unlawful; penalty.
(1)(a) Except as authorized by law or as specifically authorized by the person in charge of a facility, it is unlawful to introduce into ...
- Florida Criminal Procedure And Corrections Code Section 916.1091; Duties, functions, and powers of institutional security personnel.
In case of emergency, and when necessary to provide protection and security to any client, to the personnel, equipment, buildings, or grounds of a department ...
- Florida Criminal Procedure And Corrections Code Section 916.1093; Operation and administration; rules.
(1) The department or agency may enter into contracts and do such things as may be necessary and incidental to assure compliance with and to ...
- Florida Criminal Procedure And Corrections Code Section 916.111; Training of mental health experts.
The evaluation of defendants for competency to proceed or for sanity at the time of the commission of the offense shall be conducted in such ...
- Florida Criminal Procedure And Corrections Code Section 916.115; Appointment of experts.
(1) The court shall appoint no more than three experts to determine the mental condition of a defendant in a criminal case, including competency to ...
- Florida Criminal Procedure And Corrections Code Section 916.12; Mental competence to proceed.
(1) A defendant is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with ...
- Florida Criminal Procedure And Corrections Code Section 916.13; Involuntary commitment of defendant adjudicated incompetent.
(1) Every defendant who is charged with a felony and who is adjudicated incompetent to proceed may be involuntarily committed for treatment upon a finding ...
- Florida Criminal Procedure And Corrections Code Section 916.14; Statute of limitations; former jeopardy.
The statute of limitations shall not be applicable to criminal charges dismissed because of the incompetency of the defendant to proceed. If a defendant is ...
- Florida Criminal Procedure And Corrections Code Section 916.145; Dismissal of charges.
The charges against any defendant adjudicated incompetent to proceed due to the defendant's mental illness shall be dismissed without prejudice to the state if ...
- Florida Criminal Procedure And Corrections Code Section 916.15; Involuntary commitment of defendant adjudicated not guilty by reason of insanity.
(1) The determination of whether a defendant is not guilty by reason of insanity shall be determined in accordance with Rule 3.217, Florida Rules ...
- Florida Criminal Procedure And Corrections Code Section 916.16; Jurisdiction of committing court.
(1) The committing court shall retain jurisdiction over any defendant involuntarily committed due to a determination of incompetency to proceed due to mental illness or ...
- Florida Criminal Procedure And Corrections Code Section 916.17; Conditional release.
(1) Except for an inmate currently serving a prison sentence, the committing court may order a conditional release of any defendant in lieu of an ...
- Florida Criminal Procedure And Corrections Code Section 916.301; Appointment of experts.
(1) All evaluations ordered by the court under this part must be conducted by qualified experts who have expertise in evaluating persons with retardation or ...
- Florida Criminal Procedure And Corrections Code Section 916.3012; Mental competence to proceed.
(1) A defendant whose suspected mental condition is retardation or autism is incompetent to proceed within the meaning of this chapter if the defendant does ...
- Florida Criminal Procedure And Corrections Code Section 916.302; Involuntary commitment of defendant determined to be incompetent to proceed.
(1) CRITERIA.--Every defendant who is charged with a felony and who is adjudicated incompetent to proceed due to retardation or autism may be involuntarily ...
- Florida Criminal Procedure And Corrections Code Section 916.3025; Jurisdiction of committing court.
(1) The committing court shall retain jurisdiction in the case of any defendant found to be incompetent to proceed due to retardation or autism and ...
- Florida Criminal Procedure And Corrections Code Section 916.303; Determination of incompetency due to retardation or autism; dismissal of charges.
(1) The charges against any defendant found to be incompetent to proceed due to retardation or autism shall be dismissed without prejudice to the state ...
- Florida Criminal Procedure And Corrections Code Section 916.304; Conditional release.
(1) Except for an inmate currently serving a prison sentence, the committing court may order a conditional release of any defendant who has been found ...
- Florida Criminal Procedure And Corrections Code Section 918.015; Right to speedy trial.
(1) In all criminal prosecutions the state and the defendant shall each have the right to a speedy trial. (2) The Supreme Court shall, by ...
- Florida Criminal Procedure And Corrections Code Section 918.0155; Expeditious disposition of particular criminal cases involving a child under age 16.
Every criminal case prosecuted under chapter 782, chapter 784, chapter 787, chapter 794, chapter 796, chapter 800, chapter 827, or chapter 847 which involves the ...
- Florida Criminal Procedure And Corrections Code Section 918.0157; Right to trial by jury.
In each prosecution for a violation of a state law or a municipal or county ordinance punishable by imprisonment, the defendant shall have, upon demand, ...
- Florida Criminal Procedure And Corrections Code Section 918.016; Trial of remaining defendants after grant of continuance to others.
When a continuance is granted to one or more of several defendants, the court may proceed with the trial of the defendants who have not ...
- Florida Criminal Procedure And Corrections Code Section 918.03; Procedure when offense committed outside state.
When a court determines that it does not have jurisdiction because the offense charged was committed outside this state, the court may discharge the defendant ...
- Florida Criminal Procedure And Corrections Code Section 918.04; Procedure when offense committed in another county.
When a court determines that it does not have jurisdiction because the offense charged was committed in another county of this state, the defendant shall ...
- Florida Criminal Procedure And Corrections Code Section 918.05; View by jury.
When a court determines that it is proper for the jury to view a place where the offense may have been committed or other material ...
- Florida Criminal Procedure And Corrections Code Section 918.06; Separation and detention of jurors; admonition by court.
The court shall admonish the jury that it is their duty not to converse among themselves or with anyone else on a subject connected with ...
- Florida Criminal Procedure And Corrections Code Section 918.07; Admonition to officer in charge of jurors.
When the jury is committed to the charge of an officer, the officer shall be admonished by the court to keep the jurors together in ...
- Florida Criminal Procedure And Corrections Code Section 918.10; Charge to jury; request for instructions.
(1) At the conclusion of argument of counsel, the court shall charge the jury. The charge shall be only on the law of the case ...
- Florida Criminal Procedure And Corrections Code Section 918.12; Tampering with jurors.
Any person who influences the judgment or decision of any grand or petit juror on any matter, question, cause, or proceeding which may be pending, ...
- Florida Criminal Procedure And Corrections Code Section 918.13; Tampering with or fabricating physical evidence.
(1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or ...
- Florida Criminal Procedure And Corrections Code Section 918.16; Sex offenses; testimony of person under age 16 or person with mental retardation; testimony of victim; courtroom cleared; exceptions.
(1) Except as provided in subsection (2), in the trial of any case, civil or criminal, when any person under the age of 16 or ...
- Florida Criminal Procedure And Corrections Code Section 918.19; Closing argument.
As provided in the common law, in criminal prosecutions after the closing of evidence: (1) The prosecuting attorney shall open the closing arguments. (2) The ...
- Florida Criminal Procedure And Corrections Code Section 921.0001; 1994 revision of the sentencing guidelines; legislative intent.
This revision of the sentencing guidelines may be cited as the "Safe Streets Initiative of 1994" and is designed to emphasize incarceration in the state ...
- Florida Criminal Procedure And Corrections Code Section 921.001; Sentencing Commission and sentencing guidelines generally.
(1) The provision of criminal penalties and of limitations upon the application of such penalties is a matter of predominantly substantive law and, as such, ...
- Florida Criminal Procedure And Corrections Code Section 921.0011; Definitions.
As used in this chapter, the term: (1) "Additional offense" means any offense other than the primary offense for which an offender is convicted and ...
- Florida Criminal Procedure And Corrections Code Section 921.0012; Sentencing guidelines offense levels; offense severity ranking chart.
(1) The offense severity ranking chart must be used with the sentencing guidelines worksheet to compute a sentence score for each felony offender. (2) The ...
- Florida Criminal Procedure And Corrections Code Section 921.0013; Sentencing guidelines; ranking unlisted felony offenses.
A felony offense not listed in s. 921.0012 is ranked with respect to offense severity level by the Legislature, commensurate with the harm or ...
- Florida Criminal Procedure And Corrections Code Section 921.0014; Sentencing guidelines; worksheet computations; scoresheets.
(1)(a) The sentencing guidelines worksheet is used to compute the subtotal and total sentence points as follows: FLORIDA SENTENCING GUIDELINES WORKSHEET OFFENSE SCORE Primary ...
- Florida Criminal Procedure And Corrections Code Section 921.0015; Adoption and implementation of revised sentencing guidelines.
(1) Rules 3.701 and 3.988, Florida Rules of Criminal Procedure, as revised by the Florida Supreme Court on April 21, 1988, are hereby ...
- Florida Criminal Procedure And Corrections Code Section 921.0016; Recommended sentences; departure sentences; aggravating and mitigating circumstances.
(1)(a) The recommended guidelines sentence provided by the total sentence points is assumed to be appropriate for the offender. (b) A trial court judge ...
- Florida Criminal Procedure And Corrections Code Section 921.0017; Credit upon recommitment of offender serving split sentence.
Effective for offenses committed on or after January 1, 1994, if an offender's probation or community control is revoked and the offender is serving ...
- Florida Criminal Procedure And Corrections Code Section 921.002; The Criminal Punishment Code.
The Criminal Punishment Code shall apply to all felony offenses, except capital felonies, committed on or after October 1, 1998. (1) The provision of criminal ...
- Florida Criminal Procedure And Corrections Code Section 921.0021; Definitions.
As used in this chapter, for any felony offense, except any capital felony, committed on or after October 1, 1998, the term: (1) "Additional offense" ...
- Florida Criminal Procedure And Corrections Code Section 921.0022; Criminal Punishment Code; offense severity ranking chart.
(1) The offense severity ranking chart must be used with the Criminal Punishment Code worksheet to compute a sentence score for each felony offender whose ...
- Florida Criminal Procedure And Corrections Code Section 921.0023; Criminal Punishment Code; ranking unlisted felony offenses.
A felony offense committed on or after October 1, 1998, that is not listed in s. 921.0022 is ranked with respect to offense severity ...
- Florida Criminal Procedure And Corrections Code Section 921.0024; Criminal Punishment Code; worksheet computations; scoresheets.
(1)(a) The Criminal Punishment Code worksheet is used to compute the subtotal and total sentence points as follows: FLORIDA CRIMINAL PUNISHMENT CODE WORKSHEET OFFENSE ...
- Florida Criminal Procedure And Corrections Code Section 921.0025; Adoption and implementation of revised sentencing scoresheets.
Rules 3.701, 3.702, 3.703, and 3.988, Florida Rules of Criminal Procedure, as revised by the Supreme Court, and any other rule ...
- Florida Criminal Procedure And Corrections Code Section 921.0026; Mitigating circumstances.
This section applies to any felony offense, except any capital felony, committed on or after October 1, 1998. (1) A downward departure from the lowest ...
- Florida Criminal Procedure And Corrections Code Section 921.00265; Recommended sentences; departure sentences; mandatory minimum sentences.
This section applies to any felony offense, except any capital felony, committed on or after October 1, 1998. (1) The lowest permissible sentence provided by ...
- Florida Criminal Procedure And Corrections Code Section 921.0027; Criminal Punishment Code and revisions; applicability.
The Florida Criminal Punishment Code applies to all felonies, except capital felonies, committed on or after October 1, 1998. Any revision to the Criminal Punishment ...
- Florida Criminal Procedure And Corrections Code Section 921.005; Criteria for sentencing.
The courts shall use the following criteria for sentencing all persons who committed crimes before October 1, 1983: (1)(a) A court shall not impose ...
- Florida Criminal Procedure And Corrections Code Section 921.09; Fees of physicians who determine sanity at time of sentence.
The court shall allow reasonable fees to physicians appointed by the court to determine the mental condition of a defendant who has alleged insanity as ...
- Florida Criminal Procedure And Corrections Code Section 921.12; Fees of physicians when pregnancy is alleged as cause for not pronouncing sentence.
The court shall allow reasonable fees to the physicians appointed to examine a defendant who has alleged her pregnancy as a cause for not pronouncing ...
- Florida Criminal Procedure And Corrections Code Section 921.137; Imposition of the death sentence upon a defendant with mental retardation prohibited.
(1) As used in this section, the term "mental retardation" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested ...
- Florida Criminal Procedure And Corrections Code Section 921.141; Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence.
(1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon conviction or adjudication of guilt of a defendant of a capital felony, the court shall conduct a ...
- Florida Criminal Procedure And Corrections Code Section 921.142; Sentence of death or life imprisonment for capital drug trafficking felonies; further proceedings to determine sentence.
(1) FINDINGS.--The Legislature finds that trafficking in cocaine or opiates carries a grave risk of death or danger to the public; that a reckless ...
- Florida Criminal Procedure And Corrections Code Section 921.143; Appearance of victim, next of kin, or law enforcement, correctional, or correctional probation officer to make statement at sentencing hearing; submission of written statement.
(1) At the sentencing hearing, and prior to the imposition of sentence upon any defendant who has been convicted of any felony or who has ...
- Florida Criminal Procedure And Corrections Code Section 921.15; Stay of execution of sentence to fine; bond and proceedings.
(1) When a defendant is sentenced to pay a fine, he or she shall have the right to give bail for payment of the fine ...
- Florida Criminal Procedure And Corrections Code Section 921.16; When sentences to be concurrent and when consecutive.
(1) A defendant convicted of two or more offenses charged in the same indictment, information, or affidavit or in consolidated indictments, informations, or affidavits shall ...
- Florida Criminal Procedure And Corrections Code Section 921.161; Sentence not to run until imposed; credit for county jail time after sentence; certificate of custodian of jail.
(1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a ...
- Florida Criminal Procedure And Corrections Code Section 921.18; Sentence for indeterminate period for noncapital felony.
The court in its discretion may sentence a defendant convicted of a noncapital felony to the custody of the Department of Corrections for an indeterminate ...
- Florida Criminal Procedure And Corrections Code Section 921.185; Sentence; restitution a mitigation in certain crimes.
In the imposition of a sentence for any felony or misdemeanor involving property, but not injury or opportunity for injury to persons, the court, in ...
- Florida Criminal Procedure And Corrections Code Section 921.187; Disposition and sentencing; alternatives; restitution.
(1) The alternatives provided in this section for the disposition of criminal cases shall be used in a manner that will best serve the needs ...
- Florida Criminal Procedure And Corrections Code Section 921.188; Placement of certain state inmates in local detention facilities.
Effective June 17, 1993, notwithstanding the provisions of ss. 775.08, former 921.001, 921.002, 921.187, 944.02, and 951.23, or any ...
- Florida Criminal Procedure And Corrections Code Section 921.20; Classification summary; Parole Commission.
As soon as possible after a prisoner has been placed in the custody of the Department of Corrections, the classification board shall furnish a classification ...
- Florida Criminal Procedure And Corrections Code Section 921.21; Progress reports to Parole Commission.
From time to time the Department of Corrections shall submit to the Parole Commission progress reports and recommendations regarding prisoners sentenced under s. 921.18. ...
- Florida Criminal Procedure And Corrections Code Section 921.22; Determination of exact period of imprisonment by Parole Commission.
Upon the recommendation of the Department of Corrections, the Parole Commission shall have the authority to determine the exact period of imprisonment to be served ...
- Florida Criminal Procedure And Corrections Code Section 921.231; Presentence investigation reports.
(1) Any circuit court of the state, when the defendant in a criminal case has been found guilty or has entered a plea of nolo ...
- Florida Criminal Procedure And Corrections Code Section 921.241; Felony judgments; fingerprints and social security number required in record.
(1) At the time a defendant is found guilty of a felony, the judge shall cause the defendant's fingerprints to be taken. (2) Every ...
- Florida Criminal Procedure And Corrections Code Section 921.242; Subsequent offenses under chapter 796; method of proof applicable.
(1) Every judgment of guilty with respect to any offense governed by the provisions of chapter 796 shall be in writing, signed by the judge, ...
- Florida Criminal Procedure And Corrections Code Section 921.243; Offenses involving minor victims; offender records.
At the time of sentencing of any offender for an offense involving a victim who, at the time the offense was committed, was a minor, ...
- Florida Criminal Procedure And Corrections Code Section 921.244; Order of no contact; penalties.
(1) At the time of sentencing an offender convicted of a violation of s. 794.011 or s. 800.04, the court shall order that ...
- Florida Criminal Procedure And Corrections Code Section 922.02; Execution of sentence imposing fine.
Execution on a sentence imposing a fine may be issued in the same manner as execution on a judgment in a civil action, whether or ...
- Florida Criminal Procedure And Corrections Code Section 922.04; Discharge of prisoner unable to pay fine.
When the court determines on the written application of a prisoner that he or she has been imprisoned for 60 days solely for failure to ...
- Florida Criminal Procedure And Corrections Code Section 922.051; Imprisonment in county jail, term of 1 year or less.
When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if ...
- Florida Criminal Procedure And Corrections Code Section 922.052; Issuance of warrant of execution.
(1) When a person is sentenced to death, the clerk of the court shall prepare a certified copy of the record of the conviction and ...
- Florida Criminal Procedure And Corrections Code Section 922.06; Stay of execution of death sentence.
(1) The execution of a death sentence may be stayed only by the Governor or incident to an appeal. (2)(a) If execution of the ...
- Florida Criminal Procedure And Corrections Code Section 922.07; Proceedings when person under sentence of death appears to be insane.
(1) When the Governor is informed that a person under sentence of death may be insane, the Governor shall stay execution of the sentence and ...
- Florida Criminal Procedure And Corrections Code Section 922.08; Proceedings when person under sentence of death appears to be pregnant.
(1) When the Governor is informed that a person under sentence of death may be pregnant, the Governor shall stay execution of the sentence and ...
- Florida Criminal Procedure And Corrections Code Section 922.095; Grounds for death warrant; limitations of actions.
A person who is convicted and sentenced to death must pursue all possible collateral remedies within the time limits provided by statute. Failure to seek ...
- Florida Criminal Procedure And Corrections Code Section 922.10; Execution of death sentence; executioner.
A death sentence shall be executed by electrocution or lethal injection in accordance with s. 922.105. The warden of the state prison shall designate ...
- Florida Criminal Procedure And Corrections Code Section 922.105; Execution of death sentence; prohibition against reduction of death sentence as a result of determination that a method of execution is unconstitutional.
(1) A death sentence shall be executed by lethal injection, unless the person sentenced to death affirmatively elects to be executed by electrocution. The sentence ...
- Florida Criminal Procedure And Corrections Code Section 922.108; Sentencing orders in capital cases.
The sentence of death must not specify any particular method of execution. The wording or form of the sentencing order shall not be grounds for ...
- Florida Criminal Procedure And Corrections Code Section 922.11; Regulation of execution.
(1) The warden of the state prison or a deputy designated by him or her shall be present at the execution. The warden shall set ...
- Florida Criminal Procedure And Corrections Code Section 922.111; Transfer to state prison for safekeeping before death warrant issued.
The sheriff shall deliver a person sentenced to death to the state prison to await the death warrant. A circuit judge of the circuit in ...
- Florida Criminal Procedure And Corrections Code Section 922.12; Return of warrant of execution issued by Governor.
After the death sentence has been executed, the warden of the state prison shall send the warrant and a signed statement of the execution to ...
- Florida Criminal Procedure And Corrections Code Section 922.14; Sentence of death unexecuted for unjustifiable reasons.
If a death sentence is not executed because of unjustified failure of the Governor to issue a warrant, or for any other unjustifiable reason, on ...
- Florida Criminal Procedure And Corrections Code Section 922.15; Return of warrant of execution issued by Supreme Court.
After the sentence has been executed pursuant to a warrant issued by the Supreme Court, the warden of the state prison shall send the warrant ...
- Florida Criminal Procedure And Corrections Code Section 923.01; Criminal report.
Each committing trial court judge at the time commitment papers are sent by her or him to the proper trial court, and the sheriff when ...
- Florida Criminal Procedure And Corrections Code Section 923.02; Notice of setting case for trial.
The judge of any trial court may adopt as a rule of her or his court a rule requiring that at least 4 days before ...
- Florida Criminal Procedure And Corrections Code Section 923.03; Indictment and information.
(1) The following forms of indictment and information, in all cases to which they are applicable, shall be deemed sufficient, as a charge of the ...
- Florida Criminal Procedure And Corrections Code Section 924.02; Who may appeal.
The defendant or the state may appeal in criminal ...
- Florida Criminal Procedure And Corrections Code Section 924.04; Appeal by one of several defendants.
One or more defendants who are tried jointly may appeal, but those who do not join shall not be affected by the appeal except by ...
- Florida Criminal Procedure And Corrections Code Section 924.05; Appeal as matter of right.
Direct appeals provided for in this chapter are a matter of ...
- Florida Criminal Procedure And Corrections Code Section 924.051; Terms and conditions of appeals and collateral review in criminal cases.
(1) As used in this section: (a) "Prejudicial error" means an error in the trial court that harmfully affected the judgment or sentence. (b) "Preserved" ...
- Florida Criminal Procedure And Corrections Code Section 924.055; Postconviction review in capital cases; legislative findings and intent.
(1) It is the intent of the Legislature to reduce delays in capital cases and to ensure that all appeals and postconviction actions in capital ...
- Florida Criminal Procedure And Corrections Code Section 924.056; Commencement of capital postconviction actions for which sentence of death is imposed on or after January 14, 2000; limitations on actions.
(1) In every capital case in which the trial court imposes a sentence of death on or after the effective date of this act, this ...
- Florida Criminal Procedure And Corrections Code Section 924.057; Limitation on postconviction cases in which the death sentence was imposed before January 14, 2000.
This section shall govern all capital postconviction actions in cases in which the trial court imposed the sentence of death before the effective date of ...
- Florida Criminal Procedure And Corrections Code Section 924.058; Capital postconviction claims.
This section shall regulate the procedures in actions for capital postconviction relief commencing after the effective date of this act unless and until such procedures ...
- Florida Criminal Procedure And Corrections Code Section 924.059; Time limitations and judicial review in capital postconviction actions.
This section shall regulate the procedures in actions for capital postconviction relief commencing after the effective date of this act unless and until such procedures ...
- Florida Criminal Procedure And Corrections Code Section 924.06; Appeal by defendant.
(1) A defendant may appeal from: (a) A final judgment of conviction when probation has not been granted under chapter 948, except as provided in ...
- Florida Criminal Procedure And Corrections Code Section 924.065; Denial of motion for new trial or arrest of judgment; appeal bond; supersedeas.
(1) Immediately after denial of a motion for a new trial or a motion in arrest of judgment, the court shall dictate the denial to ...
- Florida Criminal Procedure And Corrections Code Section 924.066; Collateral relief.
(1) Subject to the terms and conditions set forth in this chapter, a prisoner in custody may seek relief based upon claims that the judgment ...
- Florida Criminal Procedure And Corrections Code Section 924.07; Appeal by state.
(1) The state may appeal from: (a) An order dismissing an indictment or information or any count thereof or dismissing an affidavit charging the commission ...
- Florida Criminal Procedure And Corrections Code Section 924.071; Additional grounds for appeal by the state; time for taking; stay of cause.
(1) The state may appeal from a pretrial order dismissing a search warrant or suppressing evidence, however obtained, or which directly and expressly conflicts with ...
- Florida Criminal Procedure And Corrections Code Section 924.08; Courts of appeal.
Appeals from final judgments in misdemeanor cases tried by county courts shall be to the circuit ...
- Florida Criminal Procedure And Corrections Code Section 924.09; When appeal to be taken by defendant.
An appeal may be taken by the defendant only within the time provided by the Florida Rules of Appellate Procedure after the judgment, sentence, or ...
- Florida Criminal Procedure And Corrections Code Section 924.14; Stay of execution when defendant appeals.
An appeal by a defendant from either the judgment or sentence shall stay execution of the sentence, subject to the provisions of s. 924....
- Florida Criminal Procedure And Corrections Code Section 924.15; Approval of appeal bonds.
Appeal bonds shall be approved by the court which originally determined the action and shall be filed with the clerk of that ...
- Florida Criminal Procedure And Corrections Code Section 924.16; Discharge pending appeal.
If a defendant is in custody after judgment of conviction at the time of appeal, the appeal and supersedeas shall not discharge the defendant from ...
- Florida Criminal Procedure And Corrections Code Section 924.17; Costs when appellant is indigent.
If the court determines that the defendant is indigent and unable to pay costs, the appeal shall be a supersedeas without payment of ...
- Florida Criminal Procedure And Corrections Code Section 924.18; Bail when state appeals.
If the state appeals after a conviction of the defendant, a justice or judge of the appellate or trial court may in his or her ...
- Florida Criminal Procedure And Corrections Code Section 924.19; When operation of order in favor of defendant not stayed.
An appeal by the state shall not stay the operation of an order in favor of the defendant except as provided in s. 924.071(...
- Florida Criminal Procedure And Corrections Code Section 924.20; Duty of court upon breach of undertaking.
When an appellant at liberty on bail fails to prosecute the appeal as required by the undertaking, the appellate court, in addition to declaring the ...
- Florida Criminal Procedure And Corrections Code Section 924.22; Stay when execution of sentence already commenced.
A defendant who is in custody and has started serving a sentence before an appeal may elect to continue to serve the sentence during the ...
- Florida Criminal Procedure And Corrections Code Section 924.28; Failure of clerk to transmit appeal papers as required.
Failure of the clerk to transmit appeal papers within the time provided shall not prejudice the rights of the parties. The appellate court or trial ...
- Florida Criminal Procedure And Corrections Code Section 924.31; When argument necessary.
A judgment may be affirmed if the appellant fails to argue, but it shall not be reversed unless the appellant submits a written brief or ...
- Florida Criminal Procedure And Corrections Code Section 924.33; When judgment not to be reversed or modified.
No judgment shall be reversed unless the appellate court is of the opinion, after an examination of all the appeal papers, that error was committed ...
- Florida Criminal Procedure And Corrections Code Section 924.34; When evidence sustains only conviction of lesser offense.
When the appellate court determines that the evidence does not prove the offense for which the defendant was found guilty but does establish guilt of ...
- Florida Criminal Procedure And Corrections Code Section 924.35; Enforcement of judgment on affirmance.
When the judgment against the defendant is affirmed, the judgment shall be enforced by the trial ...
- Florida Criminal Procedure And Corrections Code Section 924.37; Order or decision when state appeals.
(1) When the state appeals from an order dismissing an indictment, information, or affidavit, or a count of it, or an order granting a new ...
- Florida Criminal Procedure And Corrections Code Section 924.38; When removal shall be allowed on new trial.
When the appellate court orders a new trial, it shall be held in the court from which the appeal was taken unless the appellate court ...
- Florida Criminal Procedure And Corrections Code Section 924.395; Sanctions.
(1) The Legislature strongly encourages the courts, through their inherent powers and pursuant to this section, to impose sanctions against any person within the court'...
- Florida Criminal Procedure And Corrections Code Section 925.0352; Notice of hearings in capital cases; expedited hearings.
(1) A notice of hearing must be filed contemporaneously with each pleading filed with the court in a capital case. (2) The trial court shall ...
- Florida Criminal Procedure And Corrections Code Section 925.05; Statements or confessions; availability to defendant.
On motion of the defendant after an indictment, information, or affidavit has been filed, the court shall order the prosecuting attorney to permit the defendant ...
- Florida Criminal Procedure And Corrections Code Section 925.055; Law enforcement investigative funds.
(1) State and local law enforcement agencies which receive investigative and evidence funds from their budgetary authority or which receive special law enforcement trust funds ...
- Florida Criminal Procedure And Corrections Code Section 925.07; Parent or guardian to be notified before trial of minor; service of notice.
(1) When an unmarried minor is charged with an offense before any court in this state, notice of the charge shall be given before trial ...
- Florida Criminal Procedure And Corrections Code Section 925.08; Prisoners awaiting trial may be worked on roads and other projects.
(1) When the county commissioners decide it will be for the benefit of a prisoner and in the public interest, they may employ at labor ...
- Florida Criminal Procedure And Corrections Code Section 925.09; Authority of state attorney to order autopsies.
The state attorney may have an autopsy performed, before or after interment, on a dead body found in the county when she or he decides ...
- Florida Criminal Procedure And Corrections Code Section 925.11; Postsentencing DNA testing.
(1) PETITION FOR EXAMINATION.-- (a)1. A person who has been tried and found guilty of committing a felony and has been sentenced by a ...
- Florida Criminal Procedure And Corrections Code Section 925.12; DNA testing; defendants entering pleas.
(1) For defendants who have entered a plea of guilty or nolo contendere to a felony on or after July 1, 2006, a defendant may ...
- Florida Criminal Procedure And Corrections Code Section 932.47; Informations filed by prosecuting attorneys.
Informations may be filed by the prosecuting attorney of the circuit court with the clerk of the circuit court in vacation or in term without ...
- Florida Criminal Procedure And Corrections Code Section 932.48; Informations; duties of clerks of courts.
Upon the filing of an information, the clerk of the circuit court shall docket the information and shall, without leave or order of the court ...
- Florida Criminal Procedure And Corrections Code Section 932.49; Failure of motor vehicle operators to stop and assist persons injured; form of information or indictment.
Informations and indictments under ss. 316.062 and 316.063 shall be deemed sufficient if made in substantially the following form: "That one A. B. ...
- Florida Criminal Procedure And Corrections Code Section 932.50; Evidence necessary in treason.
No person shall be convicted of treason except by the testimony of two lawful witnesses to the same overt act of treason for which the ...
- Florida Criminal Procedure And Corrections Code Section 932.51; Execution on affirmance of judgment.
Upon the affirmance of a judgment, sentence or order, the appellate court shall order and direct the court in which the case was originally determined ...
- Florida Criminal Procedure And Corrections Code Section 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 ...
- Florida Criminal Procedure And Corrections Code Section 932.62; Date for arraignment upon transfer; petitioner not incarcerated.
If the person whose case is transferred is at liberty on bond or on his or her own recognizance, the appearance date for arraignment to ...
- Florida Criminal Procedure And Corrections Code Section 932.63; Filing of charges; petitioner not incarcerated.
If the petitioner is not incarcerated, the prosecuting attorney shall, within 30 days of receipt of the petition, after due and diligent consideration and investigation ...
- Florida Criminal Procedure And Corrections Code Section 932.64; Transfer of surety bond.
With the written consent of the bond agent, surety bonds shall be transferred and made returnable to the court in which trial by jury is ...
- Florida Criminal Procedure And Corrections Code Section 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 ...
- Florida Criminal Procedure And Corrections Code Section 932.66; Suggested forms for transfer.
The petition for transfer, order of transfer, and agreement of bail bond agent to transfer bond shall be substantially as follows: PETITION FOR TRANSFER TO ...
- Florida Criminal Procedure And Corrections Code Section 932.701; Short title; definitions.
(1) Sections 932.701-932.707 shall be known and may be cited as the "Florida Contraband Forfeiture Act." (2) As used in the Florida ...
- Florida Criminal Procedure And Corrections Code Section 932.702; Unlawful to transport, conceal, or possess contraband articles or to acquire real or personal property with contraband proceeds; use of vessel, motor vehicle, aircraft, other personal property, or real property.
It is unlawful: (1) To transport, carry, or convey any contraband article in, upon, or by means of any vessel, motor vehicle, or aircraft. (2) ...
- Florida Criminal Procedure And Corrections Code Section 932.703; Forfeiture of contraband article; exceptions.
(1)(a) Any contraband article, vessel, motor vehicle, aircraft, other personal property, or real property used in violation of any provision of the Florida Contraband ...
- Florida Criminal Procedure And Corrections Code Section 932.704; Forfeiture proceedings.
(1) It is the policy of this state that law enforcement agencies shall utilize the provisions of the Florida Contraband Forfeiture Act to deter and ...
- Florida Criminal Procedure And Corrections Code Section 932.705; Law enforcement trust funds; Department of Highway Safety and Motor Vehicles deposits.
(1)(a) There is created the Law Enforcement Trust Fund into which the Department of Highway Safety and Motor Vehicles may deposit revenues received as ...
- Florida Criminal Procedure And Corrections Code Section 932.7055; Disposition of liens and forfeited property.
(1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property ...
- Florida Criminal Procedure And Corrections Code Section 932.706; Forfeiture training requirements.
The Criminal Justice Standards and Training Commission shall develop a standardized course of training for basic recruits and continuing education which shall be designed to ...
- Florida Criminal Procedure And Corrections Code Section 933.01; Persons competent to issue search warrant.
A search warrant authorized by law may be issued by any judge, including the committing judge of the trial court having jurisdiction where the place, ...
- Florida Criminal Procedure And Corrections Code Section 933.02; Grounds for issuance of search warrant.
Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds: (1) When ...
- Florida Criminal Procedure And Corrections Code Section 933.03; Destruction of obscene prints and literature.
All obscene prints and literature, or other things mentioned in s. 847.011 found by an officer in executing a search warrant, or produced or ...
- Florida Criminal Procedure And Corrections Code Section 933.04; Affidavits.
The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and ...
- Florida Criminal Procedure And Corrections Code Section 933.05; Issuance in blank prohibited.
A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be ...
- Florida Criminal Procedure And Corrections Code Section 933.06; Sworn application required before issuance.
The judge must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further ...
- Florida Criminal Procedure And Corrections Code Section 933.07; Issuance of search warrants.
(1) The judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of the search warrant, shall ...
- Florida Criminal Procedure And Corrections Code Section 933.08; Search warrants to be served by officers mentioned therein.
The search warrant shall in all cases be served by any of the officers mentioned in its direction, but by no other person except in ...
- Florida Criminal Procedure And Corrections Code Section 933.09; Officer may break open door, etc., to execute warrant.
The officer may break open any outer door, inner door or window of a house, or any part of a house or anything therein, to ...
- Florida Criminal Procedure And Corrections Code Section 933.10; Execution of search warrant during day or night.
A search warrant issued under this chapter may, if expressly authorized in such warrant by the judge, be executed by being served either in the ...
- Florida Criminal Procedure And Corrections Code Section 933.101; Service on Sunday.
A search warrant may be executed by being served on Sunday, if expressly authorized in such warrant by the ...
- Florida Criminal Procedure And Corrections Code Section 933.11; Duplicate to be delivered when warrant served.
All search warrants shall be issued in duplicate. The duplicate shall be delivered to the officer with the original warrant, and when the officer serves ...
- Florida Criminal Procedure And Corrections Code Section 933.12; Return and inventory.
Upon the return of the warrant the officer shall attach thereto or thereon a true inventory of the property taken under the warrant, and at ...
- Florida Criminal Procedure And Corrections Code Section 933.13; Copy of inventory shall be delivered upon request.
The judge to whom the warrant is returned, upon the request of any claimant or any person from whom said property is taken, or the ...
- Florida Criminal Procedure And Corrections Code Section 933.14; Return of property taken under search warrant.
(1) If it appears to the judge before whom the warrant is returned that the property or papers taken are not the same as that ...
- Florida Criminal Procedure And Corrections Code Section 933.15; Obstruction of service or execution of search warrant; penalty.
Whoever shall knowingly and willfully obstruct, resist, or oppose any officer or person aiding such officer, in serving or attempting to serve or execute any ...
- Florida Criminal Procedure And Corrections Code Section 933.16; Maliciously procuring search warrant to be issued; penalty.
Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be guilty of a misdemeanor of the ...
- Florida Criminal Procedure And Corrections Code Section 933.17; Exceeding authority in executing search warrant; penalty.
Any officer who in executing a search warrant willfully exceeds his or her authority or exercises it with unnecessary severity, shall be guilty of a ...
- Florida Criminal Procedure And Corrections Code Section 933.18; When warrant may be issued for search of private dwelling.
No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: (...
- Florida Criminal Procedure And Corrections Code Section 933.19; Searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise.
(1) The provisions of the opinion rendered by the Supreme Court of the United States on March 2, 1925, in that certain cause wherein George ...
- Florida Criminal Procedure And Corrections Code Section 933.20; "Inspection warrant"; definition.
As used in ss. 933.20-933.30, "inspection warrant" means an order in writing, in the name of the people, signed by a person ...
- Florida Criminal Procedure And Corrections Code Section 933.21; Requirements for issuance of inspection warrant.
An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the place, dwelling, structure, or premises to be inspected and the ...
- Florida Criminal Procedure And Corrections Code Section 933.22; When cause deemed to exist.
Cause shall be deemed to exist if reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the ...
- Florida Criminal Procedure And Corrections Code Section 933.23; Examination of applicant for inspection warrant.
Before issuing an inspection warrant, the judge shall examine on oath the applicant and any other witness and shall satisfy himself or herself of the ...
- Florida Criminal Procedure And Corrections Code Section 933.24; Issuance of inspection warrant; contents.
If the judge is satisfied that cause for the inspection exists, he or she may issue the warrant particularly describing the place, dwelling, structure, or ...
- Florida Criminal Procedure And Corrections Code Section 933.25; Duration of inspection warrant.
An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days unless it is extended ...
- Florida Criminal Procedure And Corrections Code Section 933.26; Conduct of inspection; notice.
An inspection pursuant to a warrant shall not be made between 6 p.m. of any day and 8 a.m. of the succeeding day; ...
- Florida Criminal Procedure And Corrections Code Section 933.27; Refusal to permit authorized inspection; penalty.
Any person who willfully refuses to permit an inspection authorized by a warrant issued pursuant to this act is guilty of a misdemeanor of the ...
- Florida Criminal Procedure And Corrections Code Section 933.28; Maliciously causing issuance of inspection warrant; penalty.
Any person who maliciously, or with knowledge that cause to issue an inspection warrant does not exist, causes the issuance of an inspection warrant by ...
- Florida Criminal Procedure And Corrections Code Section 933.29; Powers of state agency not restricted.
Nothing contained herein shall be construed to restrict the powers granted by general law to an agency of the state, or to a unit of ...
- Florida Criminal Procedure And Corrections Code Section 933.30; Inspector; restrictions on giving information, testifying, etc.
A person performing an inspection pursuant to the authority of this act shall not give information as a confidential informer, testify as a witness, or ...
- Florida Criminal Procedure And Corrections Code Section 933.40; Agriculture warrants.
(1) As used in this section: (a) "Agriculture warrant" means an order in writing, in the name of the people, signed by a person competent ...
- Florida Criminal Procedure And Corrections Code Section 934.01; Legislative findings.
On the basis of its own investigations and of published studies, the Legislature makes the following findings: (1) Wire communications are normally conducted through the ...
- Florida Criminal Procedure And Corrections Code Section 934.02; Definitions.
As used in this chapter: (1) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the ...
- Florida Criminal Procedure And Corrections Code Section 934.03; Interception and disclosure of wire, oral, or electronic communications prohibited.
(1) Except as otherwise specifically provided in this chapter, any person who: (a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept ...
- Florida Criminal Procedure And Corrections Code Section 934.04; Manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices prohibited.
(1) Except as otherwise specifically provided in this chapter, any person who intentionally: (a) Sends through the mail or otherwise sends or carries any electronic, ...
- Florida Criminal Procedure And Corrections Code Section 934.05; Confiscation of wire, oral, or electronic communication intercepting devices.
Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, or sold in violation of this chapter may be seized and forfeited to ...
- Florida Criminal Procedure And Corrections Code Section 934.06; Prohibition of use as evidence of intercepted wire or oral communications; exception.
Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received ...
- Florida Criminal Procedure And Corrections Code Section 934.07; Authorization for interception of wire, oral, or electronic communications.
(1) The Governor, the Attorney General, the statewide prosecutor, or any state attorney may authorize an application to a judge of competent jurisdiction for, and ...
- Florida Criminal Procedure And Corrections Code Section 934.08; Authorization for disclosure and use of intercepted wire, oral, or electronic communications.
(1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, ...
- Florida Criminal Procedure And Corrections Code Section 934.09; Procedure for interception of wire, oral, or electronic communications.
(1) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under ss. 934.03-934.09 shall ...
- Florida Criminal Procedure And Corrections Code Section 934.10; Civil remedies.
(1) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of ss. 934.03-934.09 shall have a ...
- Florida Criminal Procedure And Corrections Code Section 934.15; Situations in which law enforcement officer may order telephone line cut, rerouted, or diverted.
(1) The supervising law enforcement officer at the scene of an incident where there is reasonable cause to believe: (a) That a person is holding ...
- Florida Criminal Procedure And Corrections Code Section 934.21; Unlawful access to stored communications; penalties.
(1) Except as provided in subsection (3), whoever: (a) Intentionally accesses without authorization a facility through which an electronic communication service is provided, or (b) ...
- Florida Criminal Procedure And Corrections Code Section 934.215; Unlawful use of a two-way communications device.
Any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further ...
- Florida Criminal Procedure And Corrections Code Section 934.22; Voluntary disclosure of customer communications or records.
(1) Except as provided in subsection (2) or subsection (3): (a) A provider of electronic communication service to the public may not knowingly divulge to: ...
- Florida Criminal Procedure And Corrections Code Section 934.23; Required disclosure of customer communications or records.
(1) An investigative or law enforcement officer may require the disclosure by a provider of electronic communication service of the contents of a wire or ...
- Florida Criminal Procedure And Corrections Code Section 934.24; Backup preservation; customer notification; challenges by customer.
(1) An investigative or law enforcement officer acting under s. 934.23(2)(b) may include in the subpoena or court order upon which such ...
- Florida Criminal Procedure And Corrections Code Section 934.25; Delayed notice.
(1) An investigative or law enforcement officer acting under s. 934.23(2) may: (a) Where a court order is sought, include in the application ...
- Florida Criminal Procedure And Corrections Code Section 934.26; Cost reimbursement.
(1) Except as otherwise provided in subsection (3), a governmental entity which obtains the contents of communications, records, or other information under s. 934.22, ...
- Florida Criminal Procedure And Corrections Code Section 934.27; Civil action: relief; damages; defenses.
(1) Except as provided in s. 934.23(5), any provider of electronic communication service, or subscriber or customer thereof, aggrieved by any violation of ...
- Florida Criminal Procedure And Corrections Code Section 934.28; Exclusivity of remedies and sanctions.
The remedies and sanctions described in ss. 934.21-934.27 are the only judicial remedies and sanctions for violation of those ...
- Florida Criminal Procedure And Corrections Code Section 934.31; General prohibition on pen register and trap and trace device use; exception.
(1) Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining ...
- Florida Criminal Procedure And Corrections Code Section 934.32; Application for an order for a pen register or a trap and trace device.
(1)(a) The Governor, the Attorney General, a state attorney, the statewide prosecutor, or a designated assistant state attorney or assistant statewide prosecutor may make ...
- Florida Criminal Procedure And Corrections Code Section 934.33; Issuance of an order for a pen register or a trap and trace device.
(1) Upon application made under s. 934.32, the court shall enter an ex parte order authorizing the installation and use of a pen register ...
- Florida Criminal Procedure And Corrections Code Section 934.34; Assistance in installation and use of a pen register or a trap and trace device.
(1) Upon the request of the applicant specified in s. 934.32(1), a provider of wire or electronic communication service, landlord, custodian, or other ...
- Florida Criminal Procedure And Corrections Code Section 934.41; Alternative penalty.
(1) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of this chapter, through which she ...
- Florida Criminal Procedure And Corrections Code Section 934.42; Mobile tracking device authorization.
(1) An investigative or law enforcement officer may make application to a judge of competent jurisdiction for an order authorizing or approving the installation and ...
- Florida Criminal Procedure And Corrections Code Section 934.43; Criminal disclosure of subpoena, order, or authorization.
(1) Any person having knowledge of a warrant, subpoena, application, order, or other authorization which has been issued or obtained pursuant to the action of ...
- Florida Criminal Procedure And Corrections Code Section 936.001; Purpose.
The purpose of this chapter is to provide a procedure whereby a public inquest may be made into a death for which an autopsy is ...
- Florida Criminal Procedure And Corrections Code Section 936.002; "Inquest" defined.
As used in this chapter, the term "inquest" means a formal, nonadversary, nonjury presentation of evidence concerning a death, discovered by the medical examiner, state ...
- Florida Criminal Procedure And Corrections Code Section 936.003; Procedure.
(1) The state attorney may petition the county court in the county in which the body was found to hold an inquest into any death ...
- Florida Criminal Procedure And Corrections Code Section 937.021; Missing child reports.
(1) Upon the filing of a police report that a child is missing by the parent or guardian, the law enforcement agency receiving the report ...
- Florida Criminal Procedure And Corrections Code Section 937.022; Missing Children Information Clearinghouse.
(1) There is created a Missing Children Information Clearinghouse within the Department of Law Enforcement. The clearinghouse is established as a central repository of information ...
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