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Florida Statute 910.03 | Lawyer Caselaw & Research
F.S. 910.03 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 910.03

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 910
JURISDICTION AND VENUE
View Entire Chapter
F.S. 910.03
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; but if the county is not known, the accused may be charged in two or more counties conjunctively, and before trial the accused may elect the county in which he or she will be tried. By his or her election, the accused waives the right to trial in the county in which the crime was committed. Such election shall have the force and effect of the granting of an application of the accused for change of venue from the county in which the offense was committed to the county in which the case is tried.
(2) After a court orders a change of venue and in order to protect the defendant’s due process rights, the court, upon a motion of any party, shall give priority to any county which closely resembles the demographic composition of the county wherein the original venue would lie.
(3) If a court finds that a fair and impartial jury cannot be impaneled in the county where the offense was committed, and the court determines that once a jury is selected it shall be sequestered, the court on its own motion, or upon a motion of any party, may elect to select a jury from a county other than where the offense was committed. The selection of the alternative county will be governed by the requirements of subsection (2). Upon completion of jury selection, the jury shall be brought for trial to the county where the offense was committed.
History.s. 162, ch. 19554, 1939; CGL 1940 Supp. 8663(169); s. 75, ch. 70-339; s. 2, ch. 72-45; s. 1, ch. 93-225; s. 1, ch. 94-184; s. 1513, ch. 97-102.

F.S. 910.03 on Google Scholar

F.S. 910.03 on Casetext

Amendments to 910.03


Arrestable Offenses / Crimes under Fla. Stat. 910.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 910.03.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. LOSADA,, 89 So. 3d 1104 (Fla. Dist. Ct. App. 2012)

. . . LEGAL ANALYSIS Section 910.03(1), Florida Statutes (2011), provides that “Except as provided in s. 910.035 . . . conjunctively, and before trial the defendant may elect the county in which he or she will be tried. § 910.03 . . . trial in the county where the offense was committed, the defendant may request a change in venue. § 910.03 . . .

STATE v. A. KOTECKI,, 82 So. 3d 1150 (Fla. Dist. Ct. App. 2012)

. . . A different statute, section 910.03, Florida Statutes (2010), covers venue in criminal trials. . . . See § 910.03(1) (“By his or her election, the accused waives the right to trial in the county in which . . .

STATE v. LUIS, A., 949 So. 2d 277 (Fla. Dist. Ct. App. 2007)

. . . See § 910.03,. Fla. Stat. (2006); Fla. R.Crim. P. 3.151, 3.240. . . .

CHANDLER, v. V. CROSBY, Jr., 454 F. Supp. 2d 1137 (M.D. Fla. 2006)

. . . . § 910.03(1) (1993) to conduct the trial in Pinellas County where a jury picked from Orange County would . . . Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough . . . See § 910.03(3), Fla. Stat. (Supp.1994). . . . Stat. § 910.03 from Hillsborough County to Pinellas County, see Dkt. 19, App. C, Vol. 11 at 2076. . . .

STANEK- COUSINS, v. STATE, 912 So. 2d 43 (Fla. Dist. Ct. App. 2005)

. . . longer good law because, in the interim since it was decided, the legislature has amended sections 910.03 . . . See §§ 910.03(3), 26.021(21). . . .

CHANDLER, v. STATE, 848 So. 2d 1031 (Fla. 2003)

. . . Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough . . . See § 910.03(3), Fla. Stat. (Supp.1994). . . .

S. SAILOR, v. STATE, 733 So. 2d 1057 (Fla. Dist. Ct. App. 1999)

. . . Section 910.03(1), Florida Statutes (1995) states in material part that “criminal prosecutions shall . . . Like the constitutional provision it was designed to implement, section 910.03(1), provides a clear and . . . This construction of the substantive provisions of section 910.03(1), Florida Statutes is supported by . . . Section 910.03(3), Florida Statutes (1995) states that “[i]f a court finds that a fair and impartial . . . See § 910.03 Fla. Stat. (1971). . . . The concurring opinion suggests section 910.03, Florida Statutes (1997), can be read as reflecting a . . . Section 910.03, Florida Statutes (1997) does not prohibit state motions for change of venue. . . . ." § 910.03(3), Fla. . . . Florida Statutes section 910.03, cited in the majority and concurring opinions, applies where the place . . . Section 910.03 does not refer to the State’s right to request a change of venue. . . . Florida Statutes section 910.03(3), allowing the selection of a jury from another county, was not asserted . . .

LEON, v. STATE, 695 So. 2d 1265 (Fla. Dist. Ct. App. 1997)

. . . Moreover, section 910.03, Florida Statutes (1995), adds to the constitutional provision that: “Except . . . case, it would have been quite proper for the state to have alleged, as the constitution and section 910.03 . . . If defendant did not like the prosecutor’s choice of venue, he had a complete remedy under section 910.03 . . . We agree with the state in its contention that the constitution and section 910.03(1) save its conjunctive . . .

STATE v. L. STEPHENS,, 608 So. 2d 905 (Fla. Dist. Ct. App. 1992)

. . . Section 910.03 would have authorized this trial in Seminole County for the burglary in Volu-sia County . . . The problem with relying on section 910.03 is that the information in this case did not allege the burglary . . .

STATE v. L. STEPHENS,, 586 So. 2d 1073 (Fla. Dist. Ct. App. 1991)

. . . Section 910.03 would have authorized this trial in Seminole County for the burglary in Volusia County . . . The problem with relying on section 910.03 is that the information in this case did not allege the burglary . . .

MARTIN, v. STATE, 488 So. 2d 653 (Fla. Dist. Ct. App. 1986)

. . . one county), his right to be tried in the county of his choice is guaranteed by Sections 910.02 and 910.03 . . . the state the right to file an indictment in Duval County, petitioner argues that Sections 910.02 and 910.03 . . . The petitioner’s reliance on sections 910.02 and 910.03 and on Article I, Section 16 of the Florida Constitution . . . The accused is entitled to elect the county in which he will be tried, as provided in s. 910.03. . . . Section 910.03, Florida Statutes, states: Except as provided in s. 910.035 criminal prosecutions shall . . .

STATE v. KATZ,, 417 So. 2d 716 (Fla. Dist. Ct. App. 1982)

. . . The trial court also relied on Sections 910.02 and 910.03, Florida Statutes (1981). . . .

CRITTENDON, v. STATE, 338 So. 2d 1088 (Fla. Dist. Ct. App. 1976)

. . . .; § 910.03, F.S.1975. . . .

MURPHY, v. STATE, 252 So. 2d 385 (Fla. Dist. Ct. App. 1971)

. . . Florida Statute § 910.03, F.S.A. provides that criminal prosecutions shall be tried in the county where . . .

BATEMAN, v. STATE E. POTTER, v. STATE, 238 So. 2d 621 (Fla. 1970)

. . . . §§ 910.03, .08, F.S.A. . . . .

COLLINS, Jr. v. STATE, 197 So. 2d 574 (Fla. Dist. Ct. App. 1967)

. . . right to a * * * trial, by an impartial jury, in the county where the crime was committed * * Section 910.03 . . .

RHODEN, v. STATE, 179 So. 2d 606 (Fla. Dist. Ct. App. 1965)

. . . public trial, by an impartial jury, in the-county where the crime was committed * * *» Florida Statutes 910.03 . . .