STATE OF FLORIDA, APPELLANT,
v.
JASON PARKS, A/K/A STEVEN CHARLES, A/K/A SHERIDAN LEWISON, APPELLEE

Fla. 2d DCA | 2004-02-20
No. 2D02-4899
STRINGER and DAVIS, JJ., Concur.
866 So. 2d 172 Florida District Court of Appeal, Second District (2004) Positive Treatment
Cited by 7 cases

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Synopsis

Florida's Second District Court of Appeal reversed the dismissal of Jason Parks's aggravated assault and firearm discharge prosecution on statute of limitations grounds. The court held that under the 1997 amended version of Florida Statute § 775.15(5), prosecution commenced when the information was filed in April 1998, well within the three-year limitations period, because Parks had been arrested before the information was filed.


Holding

Prosecution commenced when the information was filed in April 1998, well within the three-year statute of limitations. Under the 1997 amended version of § 775.15(5)(a), which applies because the crime occurred in 1998, prosecution is commenced by filing the information when the defendant has been previously arrested, without regard to whether process was executed without unreasonable delay.


Headnotes

[1] Prosecution on a charge is commenced by the filing of an information when the defendant has previously been arrested for that charge, regardless of whether process issued…

[2] The 1997 amendment to section 775.15(5), Florida Statutes, changed the commencement of prosecution for defendants previously arrested for the charged offense, making the…

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Key Quotes

“The 1997 amendment added subsection (a) to section 775.15(5) and changed the way prosecution is commenced for defendants who have been arrested or served with a summons on the charged offense before an information is filed. In that situation, the 1997 statute no longer requires that process be executed without unreasonable delay; the prosecution simply begins on the date the information is filed.”

Establishes the critical distinction between the pre-1997 and 1997 amended statute regarding when prosecution commences for arrested defendants

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Facts & Procedural History

Parks was arrested on February 24, 1998, for aggravated assault and discharging a firearm within city limits and released on bond. The State filed an …

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Opinion of the Court
NORTHCUTT, Judge.

NORTHCUTT, Judge.

We reverse the dismissal of Jason Parks’s prosecution on statute of limitations grounds. Parks was arrested on February 24, 1998, for aggravated assault and discharging a firearm within the city limits. He was released on bond the same day. In April 1998, the State charged Parks for the incident, filing an information for discharging a firearm within 1000 feet of a person, a second-degree felony. See § 790.15(2), Fla. Stat. (1997). A capias was issued on April 29, 1998, when Parks failed to appear for a scheduled hearing. He was not apprehended until September 14, 2002. On Parks’s motion, the circuit court dismissed the charge on the ground that the State failed to prosecute within the three-year statute of limitations. See § 775.15(2)(b), Fla. Stat. (1997).

The circuit court dismissed the case because it found the State had made no effort to locate Parks between March 1998 and September 2002. In doing so, the court relied on a number of decisions interpreting the pre-1997 version of section 775.15(5), which required the State to show that the capias, summons, or other process issued on the information had been executed without unreasonable delay. See, e.g., Sutton v. State, 784 So. 2d 1239 (Fla. 2d DCA 2001) (interpreting 1995 version of section 775.15(5)); Lewis v. State, 765 So. 2d 163 (Fla. 2d DCA 2000) (same). But the statute was amended effective July 1, 1997. Ch. 97-90, § 7, at 521, Laws of Fla. Parks allegedly committed his crime in 1998; therefore the amended 1997 version applies.1

The applicable version of section 775.15(5) provides:

(a) Prosecution on a charge on which the defendant has previously been arrested or served with a summons is commenced by the filing of an indictment, information, or other charging document.

(b) A prosecution on a charge on which the defendant has not previously been arrested or served with a summons 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....

§ 775.15(5).

The 1997 amendment added subsection (a) to section 775.15(5) and changed the way prosecution is commenced for defendants who have been arrested or served with a summons on the charged offense before an information is filed. In that situation, the 1997 statute no longer requires that process be executed without unreasonable delay; the prosecution simply begins on the date the information is filed. See, e.g., Asphalt Pavers, Inc. v. Dep’t of Revenue, 584 So. 2d 55, 57-58 (Fla. 1st DCA 1991) (“[I]t is a recognized principle of statutory construction that when the legislature amends a statute by omitting or including words, it is to be presumed that the legislature intended the statute to have a different meaning than that accorded it before the amendment.”) (citing Capella v. City of Gainesville, 377 So. 2d 658 (Fla.1979)); Dep’t of Commerce, Div. of Employment Sec. v. Hart, 372 So. 2d 174, 176 (Fla. 2d DCA 1979).

Parks was arrested for discharging a firearm in February 1998. Therefore, under the 1997 version of section 775.15(5), prosecution on this charge commenced when the information was filed two months later, well within the statutory limitations period. The circuit court’s analysis of whether the State served the capias without unreasonable delay simply was not pertinent to these facts. See § 775.15(5)(a); see also Starling v. State, 799 So. 2d 425, 427 n. 2 (Fla. 5th DCA 2001) (noting .that if the 1997 version of section 775.15(5) had been applicable, the defendant’s prosecution would have commenced upon the filing of the information because he had been first arrested on the charge).

We reverse the dismissal of the charge and the discharge of Parks, and we remand with directions to reinstate the prosecution.

STRINGER and DAVIS, JJ., Concur. . On appeal, Parks's counsel claims that the State did not raise the applicability of the 1997 version of section 775.15(5) at the hearing on the motion to dismiss. The transcript of the hearing refutes this contention.


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Citator

Cited By

  • Breffnay Cunnell v. State, 920 So. 2d 810 (Fla. 2d DCA 2006)
    …rch. Under these circumstances, the circuit court erred in finding that the State served the capias without unreasonable delay. See Sutton v. State, 784 So. 2d 1239, 1241-42 (Fla. 2d DCA 2001), superseded by statute on other grounds, State v. Parks, 866 So. 2d 172, 173 (Fla. 2d DCA 2004); Lucas v. State, 718 So. 2d 905, 907 (Fla. 3d DCA 1998). The circuit court also erred in finding that the statutes of limitations were tolled under section 775.15(6). This subsection provides for tolling the term of a statut…
  • The Bd. OF Cnty. Comm'rs OF Highlands Cnty. v. Colby, 976 So. 2d 31 (Fla. 2d DCA 2008)
    …commission, then set by the Department of Administration, then based on salary rate, and currently based on labor cost — supports our conclusion that the legislature intended more than salary by its use of the term “labor cost.” See State v. Parks, 866 So. 2d 172, 174 (Fla. 2d DCA 2004) (stating presumption that legislature intends statute to have different meaning when it amends language of statute). Therefore, we reverse the circuit court’s interpretation of section 119.07(4)(d), and we approve the County…
  • Saboor Abdullah v. State, 883 So. 2d 843 (Fla. 5th DCA 2004)

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