1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §916.05
CHAPTER 915
LIMITATIONS ON DISMISSAL OF
PROSECUTIONS
915.01 Speedy trial; reduction of bail; discharge
of prisoner.
915.02 Speedy trial for persons serving terms_
of imprisonment.
915.03 Limitation of prosecutions. (Transferred
and amended)
*915.01 Speedy trial; reduction of bail; discharge
of pnsoner.-
(1) A person who is in custody to answer
a criminal charge may apply to the court having
jurisdiction on the first day of the term to
which he is committed requesting trial during
the term, and if he is not indicted or an information
or affidavit filed against him during the
term, unless the court determines that the
witnesses could not be procured, the court
shall release him on bail for appearance at the
next term. A copy of the application shall be
served on the prosecuting attorney.
(2) If a person who is in custody to answer
a criminal charge is not indicted or an information
or affidavit filed against him by the
end of the second term, he shall be released
from custody without bail, and if he is not
brought to trial by the end of the third term
he shall be discharged from the crime. '
(3) A person who has been released on
bail may file a written demand for trial on the
first day of each of three successive terms of
court, and if he is not brought to trial before
the end of the third term, he shall be discharged
from the crime. A copy of the demand
shall be served on the prosecuting attorney.
( 4) The provisions of this section shall not
apply to a person who has prevented the attendance
of a witness at a term of court counted
in application of this section.
(5) A term of court during which a continuance
has been granted to the defendant
shall not be counted in the application of this
section.
History.-§194, ch. 19554, 1939; COL 1940 Supp. 8663(201);
§107, ch. 70-339.
*Note.-§915.01 as amended by §107, ch. 70-339 effective
January 1, 1971.
witness at any of the three terms.
History.-§!, ch. 61-419; §108, ch. 70-339.
*Note.-§915.02 as amended by §108, ch. 70-339 effective
January 1, 1971.
*915.03 Limitation of prosecutions.-
(!) A prosecution for an offense punishable
by death may be commenced at any time.
(2) Prosecution for offenses not punishable
by death must be commenced within two years
after commission, but if an indictment, information,
or affidavit has been filed within two years
after commission of the offense and the indictment,
information, or affidavit is dismissed or
set aside because of a defect in its content or
form after the two year period has elapsed,.
the period for commencing prosecution shall
be extended three months from the time the
indictment, information, or affidavit is dismissed
or set aside.
(3) Offenses by state, county, or municipal
officials committed during their terms of office
and connected with the duties of their office
shall be commenced within two years after the
officer retires from the office.
History.-§78, Feb. 10, 1832; §1, ch. 4915, 1901; RS 2357;
GS 3181, 3182; RGS 5011, 5012; COL 7113, 7114; §1, ch.
16962, 1935; §10, ch. 26484, 1951; §109, ch. 70-339.
*Note.-§915.03 as transferred from §§932.05, 932.06 and
amended by §109, ch. 70-339 effective January 1, 1971.
Note.-See former §§932.05, 932.06.
916.01
916.02
916.03
916.04
916.05
916.06
916.07
916.08
916.09
CHAPTER 916
CONTINUANCE
Right to speedy trial. (Transferred)
Definition of continuance. (Repealed)
When application for continuance to be
made. (Repealed)
Form of application for continuance.
(Repealed)
Application for continuance on ground
of absent witness. (Repealed)
Depositions. (Repealed)
Hearing and action thereon. (Repealed)
Time for continuance. (Repealed)
Continuance where several defendants.
(Transferred and amended)
916.01 Right to speedy trial.-[Transferred
*915.02 Speedy trial for persons serving to §918.015 by reviser.]
terms of imprisonment.-A person serving a
sentence of imprisonment in this state who has 916.02 Definition of continuance.-[Rea
criminal charge pending against him may pealed by §180, ch. 70-339, effective January
file a written demand for trial in the court hav- 1, 1971.]
ing jurisdiction within thirty days before the
first day of each of three successive terms, and 916.03 When application for continuance to
if he is not brought to trial before the end of be made.-[Repealed by §180, ch. 70-339, effecthe
third term, he shall be discharged from tive January 1, 1971.]
the crime. A copy of each demand shall be 916.04 Form of application for continuserved
on the prosecutiilg attorney. A term of ance.-[Repealed by §180, ch. 70-339, ff t'
court during which a continuance has been e ec IVe
granted to the defendant or the state shall not January 1• 1971.]
be counted in computing the three terms. The 916.05 Application for continuance on
provisions of this section shall not apply to a ground of absent witness.-[Repealed by §180,
person who has prevented the attendance of a ch. 70-339, effective January 1, 1971.]
547
4
Ch. 932 PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW Ch. 932
CHAPTER 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW
932.45 Proceedings on estreat of bond; sureties
to be called.
932.46 Same; certificate of judge.
932.465 Limitation of prosecutions.
932.47 Indictments and informations; informations
filed by prosecuting attorney.
932.48 Same; duties of clerks of courts.
932.49 Same; failure of motor vehicle operators
to stop and assist persons injured;
form of information.
932.50 Evidence necessary in treason.
932.51 Execution on affirmance of judgment.
932.58 Forfeiture of charter and revocation
of permit.
932.45 Proceedings on estreat of bond:
sureties to be called.-When any bond is taken
for the appearance of any person charged with
a criminal offense before any court in this
state, and such person fails to attend said
court as prescribed in the bond, the presiding
judge of said court shall cause the sureties on
the bond to be called upon to produce the body
of the person for whose appearance they have
given bond.
Hlltei'J.-11, ch. 4403, -1185; OS 3949; ROB 8051; COL 1352.
cf.-1903.21 Directing forfeiture or bond.
932.46 Same; certificate of judge.-When
the sureties have been called as required in
this chapter, and have failed to produce the
body of the person for whose appearance the
bond has been given, the presiding judge of
the court shall, during said term of court, or
as soon thereafter as possible make and sign
a certificate setting forth the facts of the giving
of the bond, the breach of its conditions,
and the failure of the sureties thereon to produce
the body of the defendant, which certificate,
under the hand of the justice or judge of
said court, shall, in any court in this state,
have all the force and validity of other record
evidence, and shall be prima facie proof of all
the facts set forth therein, and shall be substantially
as follows:
In ____________________________________ Court for
-------------------------------County (or District)
State of Florida
A_ ________V__B__._ __________B ________________ _
(Affidavit) or
(Information) or
(Indictment) as the case may be.
This is to certify that the said A--------------------
B_ _______________ together with c _____________ n _____________ ,
and E ________________ F ________________ , agreed to pay the
Suntaletes so tfh Fe losariidda A-- -_-_-_-_-_-_--_-_-_-__-_-_-_-_-_-_-_-B- -_- -_-_-_-_-_-_-_-_-_--_-_-_- dsohlolualrds
appear at this term of the --------------------------------court,
for -------------------------------------- county, to
answer the charge in this case; that the said
932.59 Enjoining operation of a business.
932.60 Institution and conduct of proceedings.
932.61 Transfer of county or municipal
charge to court providing trial by
jury.
932.62 Date for arraignment upon transfer;
petitioner not incarcerated.
932.63 Filing of charges; petitioner not incarcerated.
932.64 Transfer of surety bond.
932.65 Filing formal charges; petitioner mcarcerated.
932.66 Suggested forms for transfer.
A_ __________________ B____________________ has failed to appear
in this court to answer said charge, and that
the sureties have been called upon and have
failed to produce the body of said A ------------B____________________
in this court, as their bond requires.
In witness whereof, I have on this
the ---------------- day of ________________________ A. D. 19 _____ _
made and signed this certificate.
(Signed) G _____________ H _____________ _
(Justice) or Judge __________________________ Court
For-------------------------------County.
The certificate, together with the bond s:hall
be by the justice or judge of said court forthwith
transmitted to the clerk of the circuit
court of the county, where said bond is made
payable, who shall give his receipt for the
same.
BlaterJ.-12, ch. 4403, 1195; OS 3950; ROB 8052; COL 1353.
932.465 Limitation of prosecutions.-
(!) A prosecution for an offense punishable
by death may be commenced at any time.
(2) Prosecution for offenses not punishable
by death must be commenced within two years
after commission, but if an indictment, information,
or affidavit has been filed within two years
after commission of the offense and the indictment,
information, or affidavit is dismissed or
set aside because of a defect in its content or
form after the two year period has elapsedr
the period for commencing prosecution shall
be extended three months from the time the
indictment, information, or affidavit is dismissed
or set aside.
(3) Offenses by state, county, or municipal
officials committed during their terms of office
and connected with the duties of their office
shall be commenced within two years after the
officer retires from the office.
HlolerJ.-118; l"eb. 10, 1132; 11, ch. 411&, 1101; RS Jla'f;
OS 3111, 3182; ROS 5011, 5012; COL 7113, 7114; 11, ch.
18962, 193&~ 110. eh. 28484, 1951: 1101, ch. 70-331.
Note.-&ie fonner §§932.05, 932:06, 9i5.03.
932.47 Indictments and informations; informations
filed by prosecuting attomey.-Informations
may be filed by the prosecuting attor-
2184
5
s. 775.086 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 775.15
birthday;
(c) The misdemeanor for which the defendant
is to be sentenced was committed within 2 years
of the date of the commission of the last prior
crime or within 2 years of the defendant's release,
on parole or otherwise, from a prison sentence
or other commitment imposed as a result
of a prior conviction for a crime, whichever is
later;
(d) The defendant has not received a pardon
on the ground of innocence for any crime that is
necessary for the operation of this section; and
(e) A conviction of a crime necessary to the
operation of this section has not beeri set aside
in any postconviction proceeding.
(2) For the purposes of this section, the placing.
of a per~on on probation without an adjudication
of guilt shall be treated as a prior conviction
if the subsequent misdemeanor for which he
is to be sentenced was committed during such
probationary period.
(3) The court, in conformity with the criteria
specified in subsection (1), may sentence the
convicted misdemeanant as follows:
(a) In the case of a misdemeanor of the first
degree, for a term of imprisonment not in excess
of 3 years.
(b) In the case of a misdemeanor of the second
degree, for a term not in excess of 1 year.
(4) A sentence imposed under this section
shall not be increased after such imposition.
l&tory.-a. 8, ch. 74-383.
*Noe.e.-Etfective July I, 1975.
*775.087 Possession or use of weapon; aggravated
battery; felony reclassification; minimum
sentence.-
( I) Unless otherwise provided by law, whenever
a person is charged with a felony, except a
felony in which the use of a weapon or firearm is
an essential element, and during the commission
of such felony the defendant displays, uses,
threatens, or attempts to use any weapon or firearm,
or during the commission of such felony the
defendant commits an aggravated battery the
felony for which the person is charged sh~ be
reclassified as follows:
(a) In the case of a felony of the first degree
to a life felony. '
(b) In the case of a felony of the second degree,
to a felony of the first degree.
(c) In the case of a felony of the third degree
to a felony of the second degree. '
(2) Any person who has been convicted of a
felony involving a firearm or destructive device
as defined in subsections 790.001(4) and (6) in
the courts of this state or the United States, or of
any ot~er s~ate, territory, or country, if punishable
by 1mpnsonment for a term exceeding 1 year,
shall, upon subsequent conviction of a felony involving
the display or use of, or attempt to use a
firearm or destructive device as defined in stibsections
790.001(4) and (6), serve a minimum
term of 3 years.
~&tory.-. 9, ch. 74-383.
•Noe.e.-Effective July I, 1975.
775.11 Procedure in prosecutions for second
and subsequent offenses.-[Reraled by s. 66, ch.
74-383, effective July 1, 1975.
775.12 Umitation of repeal as to criminal
cases.-[Repealed by s. 66, ch. 74-383, effective
July 1, 1975.]
*775.15 Time limitations.-
( 1) A prosecution for a capital felony may be
commenced at any time.
(2) Except as otherwise provided in this section,
prosecutions for other offenses are subject
to the following periods of limitation:
(a) A prosecution for a life felony or a felony
of the first degree must be commenced within 4
years after it is committed.
(b) A prosecution for any other felony must
be commenced within 3 years after it is committed.
(c) A prosecution for a misdemeanor of the
first degree must be commenced within 2 years
after it is committed.
(d) A prosecution for a misdemeanor of the
second degree or a **[noncriminal] violation
must be commenced within 1 year after it is
committed.
(3) If the period prescribed in subsection (2)
has expired, a prosecution may nevertheless be
commenced for:
(a) Any offense, a material element of which
is either fraud or a breach of fiduciary obligation
within 1 year after discovery of the offense by rui
aggrieved party or by a person who has a legal
d~ty to represent an aggrieved party and who is
himself not a party to the offense, but in no case
shall this provision extend the period of limitation
otherwise applicable by more than 3 years.
(b) Any offense based upon misconduct in office
by a public officer or employee at any time
when the defendant is in public office or employment,
within 2 years from the time he leaves
public office or employment, or during any time
permitted by any other part of this section,
whichever time is greater.
(4) An offense is committed either when every
element ***[has occurred] or, if a legislative
purpose to prohibit a continuing course of conduct
plainly appears, at the time when the
course of conduct or the defendant's complicity
therein is terminated. Time starts to run on the
day after the offense is committed.
(5) A prosecution is commenced when either
an indictment or information is filed, provided
the capias, summons, or other process issued on
such indictment or information is executed without
unreasonable delay. In determining what is
reasonable, inability to locate the defendant after
diligent search or the defendant's absence from
the state shall be considered. If, however, an indictment
or information has been filed within the
time period prescribed in this section and the indictment
or information is dismissed or set aside
because of a defect in its content or form after
the time period has elapsed, the period for commencing
prosecution shall be extended 3 months
725
6
s. 775.15 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 776.05
from the time the indictment or information is
dismissed or set aside.
(6) The period of limitation does not run during
any time when the defendant is continuously
absent from the state or has no reasonably ascertainable
place of abode or work within the
state, but in no case shall this provision extend
the period of limitation otherwise applicable by
more than 3 years.
Hlst«y~. 78, Feb. 10, 1832; s. 1, ch. 4915, 1901; RS 2357; GS
3181, 3182; RGS 5011, 5012; CGL 7113, 7114; s. 1, ch. 16962, 1935; s.
10, cb. 26484, 1951; s. 109, cb. 7~9; s. 10, cb. 74-383.
•Noee.-Transferred and amended, effective July 1, 1975.
••Note.--Bracketed word Inserted by the editors.
•••Noee.-Bracketed language substituted by the editors for the
word "occurs."
Noee.-see former ss. 932.05, 932.06, 915.03, 932.465.
776.011
776.012
776.021
776.03
776.031
776.04
776.041
776.05
776.051
776.06
776.07
776.08
CHAPTER 776
JUSTIFIABLE USE OF FORCE
Principal in first degree. (Transferred
and amended)
Use of force in defense of person.
(New)
Use of force in defense of dwelling.
(New)
Accessory after the fact. (Transferred)
Use of force in defense of others.
(New)
Attempts, generally. (Transferred and
amended)
Use of force by aggressor. (New)
Law enforcement officers; use of force
in making an arrest. (New)
Use of force in resisting or making an
arrest; prohibition. (New)
Deadly force. (New)
Use of force to prevent escape. (New)
Forcible felony. (New)
776.0 II Principal in first degree.-{Transferred
to s. 777.011 and amended by s. 11, ch. 74-
383 effective July 1, 1975.]
*776.0 12 Use of force in defense of person.A
person is justified in the use of force, except
deadly force, against another when and to the
extent that he reasonably believes that such conduct
is necessary to defend himself or another
against such other's imminent use of unlawful
force. However, he is justified in the use of
deadly force only if he reasonably believes that
such force is necessary to prevent imminent
death or great bodily harm to himself or another
or to prevent the imminent commission of a forcible
felony.
Hlst«y~. 13, ch. 74-383.
•Note.--Effedlve July 1, 1975.
*776.021 Use of force in defense of dwelling.
-A person is justified in the use of force, except
deadly force, against another when and to the
extent that he reasonably believes that such conduct
is necessary to prevent or terminate such
other's unlawful entry into, or attack upon, a
dwelling. However, he is justified in the use of
deadly force only if:
(1) The entry is made or attempted without
permission and he reasonably believes that such
force is necessary to prevent an assault upon, or
offer of personal violence to, him or another then
in the dwelling, or
(2) He reasonably believes that such force is
necessary to prevent the commission of a felony
in the dwelling.
Hlst«y.-e. 13, cb. 74-383.
•Note.--Effedlve July 1, 1975.
776.03 Accessory after the fact.-ffransferred
to s. 777.03 by s. 65, ch. 74-383 effective
July I, 1975.]
*776.031 Use of force in defense of others.A
person is justified in the use of force, except
deadly force, against another when and to the
extent that he reasonably believes that such conduct
is necessary to prev~nt or terminate such
other's trespass on, or other tortious or criminal
interference with, either real property other than
a dwelling or personal property, lawfully in his
possession or in the possession of another who is
a member of his immediate family or household
or of a person whose property he has a legal
duty to protect. However, he is justified in the
use of deadly force only if he reasonably believes
that such force is necessary to prevent the imminent
commission of a forcible felony.
Hlst«y.-e. 13, cb. 74-383.
•Note.--Effedlve July 1, 1975.
776.04 Attempts, generally.-ffransferred to
s. 777.04 and amended by s. 12, cb. 74-383 effective
July 1, 1975.]
*776.041 Use of force by aggressor.-The justification
described in the preceding sections of
this chapter is not available to a person who:
(1) Is attempting to commit, committing, or
escaping after the commission of, a forcible felonY-;
or
(2) Initially provokes the use of force against
himself, unless:
(a) Such force is so great that he reasonably
believes that he is in imminent danger of death
or great bodily harm and that he has exhausted
every reasonable means to escape such danger
other than the use of force which is likely to
cause death or great bodily harm to the assailant;
or
(b) In good faith, he withdraws from physical
contact with the assailant and indicates clearly
to the assailant that he desires to withdraw and
terminate the use of force, but the assailant continues
or resumes the use of force.
Hlst«y.-e. 13, cb. 74-383.
•Note.--Effedlve July 1, 1975.
*776.05 Law enforcement officers; use of
force in making an arrest.-A law enforcement
726
7
s. 775.087 1976 SUPPLEMENT TO FLORIDA STATUTES 1975 s. 782.04
(a) In the case of a felony of the first degree, to a
life felony.
(b) In the case of a felony ofthe second degree, to
a felony of the first degree.
(c) In the case of a felony of the third degree, to
a felony of the second degree.
1(2) Any person who is convicted of:
(a) Any murder, sexual battery, robbery, burglary,
arson, aggravated assault, aggravated battery,
kidnapping, escape, breaking and entering with intent
to commit a felony, or aircraft piracy, or any
attempt to commit the aforementioned crimes; or
(b) Any battery upon a law enforcement officer
or firefighter while the officer or firefighter is engaged
in the lawful performance of his duties
and who had in his possession a "firearm," as defmed
in s. 790.001(6), or "destructive device," as defmed in
s. 790.001(4), shall be sentenced to a minimum term
of imprisonment of 3 calendar years. Notwithstanding
the provisions of s. 948.01, adjudication of
guilt or imposition of sentence shall not be suspended,
deferred, or withheld, nor shall the defendant be
eligible for parole or statutory gain-time under s.
944.27 or s. 944.29, prior to serving such minimum
sentence.
History.-<~. 9, ch. 74-383; s. 1, ch. 75-7; s. 3, ch. 75-298; s. 2, ch. 76-75.
'Note.-As amended, effective October 1, 1976.
775.15 Time limitations.-
(!) A prosecution for a capital or life felony may
be commenced at any time. In the event the death
penalty is held to be unconstitutional by the Florida
Supreme Court or the United States Supreme Court,
all crimes designated as capital felonies shall be considered
life felonies for the purposes of this section,
and prosecution for such crimes may be commenced
at any time.
(2) Except as otherwise provided in this section,
prosecutions for other offenses are subject to the following
periods of limitation:
(a) A prosecution for a felony of the first degree
must be commenced within 4 years after it is committed.
(b) A prosecution for any other felony must be
commenced within 3 years after it is committed.
(c) A prosecution for a misdemeanor of the first
degree must be commenced within 2 years after it is
committed.
(d) A prosecution for a misdemeanor of the second
degree or a noncriminal violation must be commenced
within 1 year after it is committed.
(3) If the period prescribed in subsection (2) has
expired, a prosecution may nevertheless be commenced
for:
(a) Any offense, a material element of which is
either fraud or a breach of fiduciary obligation, within
1 year after discovery of the offense by an aggrieved
party or by a person who has a legal duty to
represent an aggrieved party and who is himself not
a party to the offense, but in no case shall this provision
extend the period of limitation otherwise applicable
by more than 3 years.
(b) Any offense based upon misconduct in office
by a public officer or employee at any time when the
defendant is in public office or employment, within
2 years from the time he leaves public office or employment,
or during any time permitted by any other
part of this section, whichever time is greater.
(4) An offense is committed either when every
element 1[has occurred] or, if a legislative purpose to
prohibit a continuing course of conduct plainly appears,
at the time when the course of conduct or the
defendant's complicity therein is terminated. Time
starts to run on the day after the offense is committed.
(5) A prosecution is commenced when either an
indictment or information is filed, provided the capias,
summons, or other process issued on such indictment
or information is executed without unreasonable
delay. In determining what is reasonable, inability
to locate the defendant after diligent search or the
defendant's absence from the state shall be considered.
If, however, an indictment or information has
been filed within the time period prescribed in this
section and the indictment or information is dismissed
or set aside because of a defect in its content
or form after the time period has elapsed, the period
for commencing prosecution shall be extended 3
months from the time the indictment or information
is dismissed or set aside.
(6) The period of limitation does not run during
any time when the defendant is continuously absent
from the state or has no reasonably ascertainable
place of abode or work within the state, but in no
case shall this provision extend the period of limitation
otherwise applicable by more than 3 years.
History.-<~. 78, Feb. 10, 1832; s. 1, ch. 4915, 1901; RS 2357; GS 3181, 3182;
RGS 5011, 5012; CGL 7113, 7114; s. 1, ch. 16962, 1935; s. 10, ch. 26484, 1951;
s. 109, ch. 70.339; s. 10, ch. 74-383; s. 1, ch. 76-275.
'Note.-Bracketed language substituted by the editors for the word "<»
curs."
Note.-See former ss. 932.05, 932.06, 915.03, 932.465.
CHAPTER 782
HOMICIDE
782.04 Murder.
782.04 Murder.-
(lXa) The unlawful killing of a human being,
when perpetrated from a premeditated design to effect
the death of the person killed or any human
being, or when committed by a person engaged in the
perpetration of, or in the attempt to perpetrate, any
arson, involuntary sexual battery, robbery, burglary,
kidnapping, aircraft piracy, or unlawful throwing,
placing, or discharging of a destructive device or
bomb, or which resulted from the unlawful distribution
of opium or any synthetic or natural salt, compound,
derivative, or preparation of opium by a person
18 years of age or older, when such drug is proven
to be the proximate cause of the death of the user,
shall be murder in the first degree and shall constitute
a capital felony, punishable as provided in s.
775.082.
(b) In all cases under this section, the procedure
set forth ins. 921.141 shall be followed in order to
determine sentence of death or life imprisonment.
(2) The unlawful killing of a human being, when
perpetrated by any act imminently dangerous to
533
8
Ch. 775 DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF CRIMINALS Ch. 775
family, the court may grant remission from any payment
of restitution or modify the method of payment.
(4) When a corporation or unincorporated association
is ordered to make restitution, the person authorized
to make disbursements from the assets of
such corporation or association shall pay restitution
from such assets, and such person may be held in
contempt for failure to make such restitution.
(5) If a defendant who is required to make restitution
defaults in any payment of restitution or installment
thereof, the court may hold him in contempt
unless such defendant has made a good faith
effort to make restitution. If the defendant has made
a good faith effort to make restitution, the court
may, upon motion of the defendant, modify the order
requiring restitution by:
(a) Providing for additional time to make any
payment in restitution.
(b) Reducing the amount of any payment in restitution
or installment thereof.
(c) Granting a remission from any payment of
restitution or part thereof.
(6) Any default in payment of restitution may be
collected by any means authorized by law for enforcement
of a judgment.
(7) The court may order the clerk of the court to
collect and dispense restitution payments in any
case.
History.-s. 1, ch. 77-150.
'Note.-Bracketed word substituted by the editors for "offender."
775.091 Public service.-In addition to any
punishment, the court may order the defendant to
perform a specified public service.
History.-s. 2, ch. 77-150.
775.13 Registration of convicted felons, exemptions;
penalties.-
(!) Any person who has been convicted of a felony
in any court of this state shall, within 48 hours
after entering any county in this state, register with
the sheriff of said county, be fingerprinted and
photographed, and list the crime for which convicted,
place of conviction, sentence imposed, if any,
name, aliases, if any, address, and occupation.
(2) Any person who has been convicted of a crime
in any federal court or in any court of a state other
than Florida, or of any foreign state or country,
which crime if committed in Florida would be a felony,
shall forthwith within 48 hours after entering
any county in this state register with the sheriff of
said county in the same manner as provided for in
subsection (1).
(3) Any person who is presently within any county
of the state as of the effective date of this section
shall likewise be required to register with the sheriff
of such county within 30 days after the effective date
of this section, if such person would be required to
register under the terms of subsections (1) or (2), if
he or she were entering such county.
(4) In lieu of registering with the sheriffs of the
several counties of the state as required by this section,
such registration may be made with the Depart- .
ment of Criminal Law Enforcement, and shall be
subject to the same terms and conditions as required
for registration with the several sheriffs of the state.
Any person so registering with the Department of
Criminal Law Enforcement shall not be required to
make further registration in any county in the state.
(5) The provisions of this law shall not apply to
any person who:
(a) Has had his civil rights restored;
(b) Has received a full pardon for the offense for
which convicted;
(c) Whose conviction of a felony was more than
10 years prior to the time provided for registration
under the provisions of this law and who has been
lawfully released from incarceration under a felony
conviction and sentence for more than 5 years prior
to such time for registration unless such person is a
fugitive from justice on a felony charge;
(d) Is a parolee or probationer under the supervision
of the Department of Offender Rehabilitation
who is a probationer under the supervision of any
county probation officer of the state, or who has been
lawfully discharged from such parole or probation;
or
(e) Is a parolee or probationer under the supervision
of the United States Parole Commission which
parole commission knows of and consents to the
presence of such person in Florida, or is a probationer
under the supervision of any federal probation
officer in the state, or who has been lawfully discharged
from such parole or probation.
(6) Failure of any such convicted felon to comply
with this section shall constitute a misdemeanor of
the second degree, punishable as provided in s.
775.082 or s. 775.083.
(7) All laws and parts oflaws in conflict herewith
are hereby repealed, provided that nothing in this
section shall be construed to affect any law of this
state relating to registration of criminals where the
penalties are in excess of those imposed by this section.
History.-ss. 1-7, ch. 57-19; s. 1, ch. 57-371; s. 1, ch. 63-191; s. 1, ch. 65-453;
s. 3, ch. 67-2207; ss. 20, 33, 35, ch. 69-106; s. 699, ch. 71-136; s. 11, ch. 77-120;
s. 1, ch. 77-174.
775.14 Limitation on withheld sentences.Any
person receiving a withheld sentence upon conviction
for a criminal offense, and such withheld sentence
has not been altered for a period of 5 years,
shall not thereafter be sentenced for the conviction
of the same crime for which sentence was originally
withheld.
History.-s. 1, ch. 57-284.
775.15 Time limitations.-
(!) A prosecution for a capital or life felony may
be commenced at any time. In the event the death
penalty is held to be unconstitutional by the Florida
Supreme Court or the United States Supreme Court,
all crimes designated as capital felonies shall be considered
life felonies for the purposes of this section,
and prosecution for such crimes may be commenced
at any time.
(2) Except as otherwise provided in this section,
prosecutions for other offenses are subject to the following
periods of limitation:
(a) A prosecution for a felony of the first degree
must be commenced within 4 years after it is committed.
(b) A prosecution for any other felony must be
1967
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