The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 923
FORM OF INDICTMENT AND OTHER FORMS

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F.S. 923.03

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 offense to which they relate as defined by the laws of this state, and analogous forms may be used in all other cases:

(a) As to first degree murder:

In the name and by the authority of the State of Florida: The Grand Jurors of the County of charge that A. B. unlawfully and from a premeditated design to effect the death of (or while robbing the house of as the case may be) did murder in said county, by shooting her or him with a gun or pistol (or by striking her or him with a club—or by giving her or him poison to drink—or by pushing her or him into the water whereby she or he was drowned).

(b) As to second degree murder:

Unlawfully by an act imminently dangerous to another, and evincing a depraved mind, regardless of human life; that is to say, by firing her or his shotgun into the store of (or by striking with an adz, as the case may be) but without a premeditated design to effect the death of any particular person, did kill in said county.

Unlawfully, and while feloniously stealing cattle (or timber, or while feloniously assaulting as the case may be), but without any design to effect death, did kill in said county, by sinking her or his boat (or by running over her or him with an automobile—or by shooting her or him with a gun or pistol, as the case may be).

(d) As to manslaughter:

Unlawfully and by culpable negligence, in driving an automobile (or firing a boiler—or by performing a surgical operation) or (in the heat of passion—omitting in this latter case the allegation of culpable negligence), but without intent to murder, did kill in said county, by running over her or him with said automobile (or by causing said boiler to explode—or by infecting her or him with a deadly infection—or by striking her or him with a hammer).

(e) As to perjury:

In the hearing of a cause in the court of County, Florida, in which and others were plaintiffs and others were defendants, after being duly sworn to speak the truth, falsely swore, etc. (stating the substance of the false testimony), such matter being material in said cause, and the said then and there knowing that she or he swore falsely.

(2) An information shall be in the same form and signed by the state attorney who shall also append thereto the oath of the state attorney to the effect following:

Personally appeared before me (official title of state attorney) who, being first duly sworn, says that the allegations as set forth in the foregoing information are based upon facts that have been sworn to as true and which, if true, would constitute the offense therein charged.

The affidavit shall be made by the state attorney before some person qualified to administer an oath.

History.—s. 279(1-2), ch. 19554, 1939; CGL 1940 Supp. 8663(289); s. 38, ch. 73-334; s. 1553, ch. 97-102.

F.S. 923.03 on Google Scholar

F.S. 923.03 on Casetext

Amendments to 923.03

Arrestable Offenses / Crimes under Fla. Stat. 923.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 923.03.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SAIRRAS, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 496 F. App'x 28 (11th Cir. 2012)

. . . Florida Statute § 923.03(2) requires that any indictment or information contain a sworn oath of the state . . . Stat. § 923.03(2) (2010). . . .

DOMOTOR, v. I. WENNET III, M., 630 F. Supp. 2d 1368 (S.D. Fla. 2009)

. . . In that action, Plaintiff seeks a declaratory judgment that “Florida State Statutes, 923.03 1A (FT) — . . .

R. PARKS, v. CITY OF COLUMBUS, C. Jr. G., 395 F.3d 643 (6th Cir. 2005)

. . . Columbia City Code § 923.03 (“No person shall use any public street to conduct a block party ... without . . .

WILLIAMS, v. STATE, 715 So. 2d 336 (Fla. Dist. Ct. App. 1998)

. . . shifts the burden of proof’ (i.e., that by including the word “did” from the form information in section 923.03 . . . , Florida Statutes, the charging document “stated he ‘did ’ the crime”); that section 923.03 “is unconstitutional . . . Appellant’s arguments concerning the “uneonstitutionality” of section 923.03 were as follows: 1) “Chapter . . .

STATE v. MANDELL,, 599 So. 2d 1383 (Fla. Dist. Ct. App. 1992)

. . . Section 923.03(2), Florida Statutes (1991), in turn, requires that the oath be made “before some person . . . the plain language of this unambiguous statute, this particular oath, not being required by section 923.03 . . .

VIRGIN ISLANDS BAR ASSOCIATION, ETHICS AND GRIEVANCE COMMITTEE, v. BOYD- RICHARDS,, 765 F. Supp. 263 (D.V.I. 1991)

. . . The June 9, 1989 Banco Popular de Puerto Rico bank statement demonstrates that there was $35,-923.03 . . .

MORFFY, v. STATE, 534 So. 2d 733 (Fla. Dist. Ct. App. 1988)

. . . See also § 923.03(2), Fla.Stat. (1987). . . .

P. GODDARD, v. BABBITT, J., 536 F. Supp. 538 (D. Ariz. 1982)

. . . Census tracts 923.03 and 924. . . . 716, 717, 718, 719.01, 719.02, 820.01, 820.02, 820.03, 820.04, 821, 822.01, 822.02, 923.01, 923.-02, 923.03 . . .

STATE v. HARDEN,, 384 So. 2d 52 (Fla. Dist. Ct. App. 1980)

. . . . § 923.03(l)(a), Fla.Stat. (1979). In Lee v. . . .

STATE v. STOCKSDALE, 44 Fla. Supp. 191 (Leon Cty. Cir. Ct. 1976)

. . . Florida Statute 923.03 may have eased the state’s burden in drafting a formal information, but does not . . .

STATE By OFFICE OF STATE ATTORNEY FOR TWENTIETH JUDICIAL CIRCUIT, v. SIEVERT STATE By OFFICE OF STATE ATTORNEY FOR TWENTIETH JUDICIAL CIRCUIT, v. SIEVERT,, 312 So. 2d 788 (Fla. Dist. Ct. App. 1975)

. . . . § 923.03(2). . . .

STATE v. NEILSON, 41 Fla. Supp. 118 (Orange Cty. Cir. Ct. 1974)

. . . Stat. ch. 923.03(2) must be verified. . . .

EAGAN, L. v. M. DeMANIO, a, 294 So. 2d 639 (Fla. 1974)

. . . Fla.Stat., § 923.03(2), F.S.A. . . .

STATE v. HILL,, 208 So. 2d 154 (Fla. Dist. Ct. App. 1968)

. . . [sic § 923.03(2), Fla.Stat., F.S.A.]” . . . indictments pursuant to § 32.18, Fla.Stat., F.S.A., and those based upon sworn testimony in accordance with § 923.03 . . . such an information would necessarily have to have been based upon sworn testimony as provided in § 923.03 . . .

SHIFRIN, v. STATE, 210 So. 2d 18 (Fla. Dist. Ct. App. 1968)

. . . . § 923.03, F.S.A. We concur. The reliance by appellant for reversal on State ex rel. Reed v. . . .

STATE v. McGOWAN,, 178 So. 2d 738 (Fla. Dist. Ct. App. 1965)

. . . Section 923.03(d), F.S.A., adopted in 1939, provides a form of information for manslaughter that is sufficient . . .

D. C. DARTY, v. STATE, 161 So. 2d 864 (Fla. Dist. Ct. App. 1964)

. . . . § 923.03(a), F.S.A. . . .

BAZARTE, v. STATE, 117 So. 2d 227 (Fla. Dist. Ct. App. 1959)

. . . It is true that a form of information charging perjury is set out in Section 923.03, Florida Statutes . . . , F.S.A., as follows: “923.03 * * * “(e) As to perjury: “In the hearing of a cause in the .court of.County . . .

UNITED STATES v. E. PEELLE, E. B. E., 159 F. Supp. 45 (E.D.N.Y. 1958)

. . . their way into these three outside bank accounts are: 1945, $126,- 768.99; 1946, $71,223.03; 1947, $60,-923.03 . . .

STATE v. FABIAN,, 97 So. 2d 178 (Fla. Dist. Ct. App. 1957)

. . . Section 923.03, Florida Statutes, 1955, F.S.A., contains a number of suggested indictments and informations . . .

SIMON PETER TAYLOR v. STATE OF FLORIDA, 156 Fla. 122 (Fla. 1945)

. . . See also Section 923.03(a) F.S. 1941. . . .

ROBERT RITTER v. DeWITT SINCLAIR,, 154 Fla. 272 (Fla. 1944)

. . . The information was filed to conform with the statutory form in 923.03, F.S.’41, F.S.A. . . .