Florida Statute 910.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 910
JURISDICTION AND VENUE

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F.S. 910.005

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, by her or his own conduct or that of another for which the person is legally accountable, if:

(a) The offense is committed wholly or partly within the state;

(b) The conduct outside the state constitutes an attempt to commit an offense within the state;

(c) The conduct outside the state constitutes a conspiracy to commit an offense within the state, and an act in furtherance of the conspiracy occurs in the state;

(d) The conduct within the state constitutes an attempt or conspiracy to commit in another jurisdiction an offense under the laws of both this state and the other jurisdiction; or

(e) The conduct constitutes a knowing violation of s. 286.011.

(2) An offense is committed partly within this state if either the conduct that is an element of the offense or the result that is an element, occurs within the state. In homicide, the “result” is either the physical contact that causes death, or the death itself; and if the body of a homicide victim is found within the state, the death is presumed to have occurred within the state.

(3) An offense that is based on an omission to perform a duty imposed by the law of this state is committed within the state, regardless of the location of the offender at the time of the omission.

History.—s. 72, ch. 70-339; s. 2, ch. 95-353; s. 1510, ch. 97-102.

F.S. 910.005 on Google Scholar

F.S. 910.005 on CourtListener

Amendments to 910.005

Annotations, Discussions, Cases:

Cases Citing Statute 910.005

Total Results: 41

Lane v. State

388 So. 2d 1022

Supreme Court of Florida | Filed: Sep 25, 1980 | Docket: 2034505

Cited 74 times | Published

the State of Florida by the provisions of section 910.005(2) grants Florida jurisdiction to try this

Simmons v. State

934 So. 2d 1100, 2006 WL 1299617

Supreme Court of Florida | Filed: May 11, 2006 | Docket: 2481578

Cited 73 times | Published

committed either wholly or partly within this state. § 910.005(1)(a), Fla. Stat. (2003). Because a circuit court

Keen v. State

504 So. 2d 396, 12 Fla. L. Weekly 138

Supreme Court of Florida | Filed: Mar 19, 1987 | Docket: 453619

Cited 51 times | Published

struck in Alabama, we held that pursuant to section 910.005(2), Florida Statutes (1977), Florida had jurisdiction

Copeland v. State

457 So. 2d 1012

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 2199663

Cited 35 times | Published

cause could have been prosecuted in either county. § 910.05, Fla. Stat. (1977); Barclay v. State, 343 So.2d

Barclay v. State

343 So. 2d 1266

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 1304070

Cited 33 times | Published

committed in that area shall be sufficient." and Section 910.05, Florida Statutes, providing: "If the acts

Braddy v. State

111 So. 3d 810, 37 Fla. L. Weekly Supp. 703, 2012 WL 5514368, 2012 Fla. LEXIS 2357

Supreme Court of Florida | Filed: Nov 15, 2012 | Docket: 60230891

Cited 30 times | Published

Broward County, where Quatisha was killed. Section 910.05, Florida Statutes (1997), provides that “[i]f

Johnson v. State

465 So. 2d 499, 10 Fla. L. Weekly 123

Supreme Court of Florida | Filed: Feb 14, 1985 | Docket: 1323860

Cited 24 times | Published

the victim's body *504 being found in Florida, § 910.005(2), Fla. Stat. (1981), was rebutted by testimony

Simmons v. State

944 So. 2d 317, 2006 WL 3313741

Supreme Court of Florida | Filed: Nov 16, 2006 | Docket: 48090

Cited 18 times | Published

"committed wholly or partly within the state." § 910.005(1)(a), Fla. Stat. (2005) (emphasis added); see

State v. Stepansky

761 So. 2d 1027, 2000 WL 422872

Supreme Court of Florida | Filed: Apr 20, 2000 | Docket: 1300150

Cited 15 times | Published

jurisdiction was properly exercised under section 910.005(2), Florida Statutes (1977), which grants Florida

Kentrell F. Johnson v. State of Florida

238 So. 3d 726

Supreme Court of Florida | Filed: Mar 15, 2018 | Docket: 6334992

Cited 13 times | Published

which the state attorney serves. See § 910.05, Fla. Stat. (2010) ("If the acts constituting

Black v. State

819 So. 2d 208, 2002 WL 1085251

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 1456941

Cited 13 times | Published

furtherance of the conspiracy occurs in the state ... § 910.005(1), Fla. Stat. (1993). An offense is committed

Domberg v. State

518 So. 2d 1360, 1988 WL 2625

District Court of Appeal of Florida | Filed: Jan 15, 1988 | Docket: 1778595

Cited 8 times | Published

encompassed repeated acts within the state. See section 910.005(1), Florida Statutes. Furthermore, even if

Longo v. State

580 So. 2d 212, 1991 WL 65937

District Court of Appeal of Florida | Filed: May 1, 1991 | Docket: 1365409

Cited 6 times | Published

Broward County on these counts, *215 pursuant to section 910.05, Florida Statutes (1983), which provides: If

Gore v. State

573 So. 2d 87, 1991 WL 116

District Court of Appeal of Florida | Filed: Jan 2, 1991 | Docket: 1518726

Cited 6 times | Published

territorial jurisdiction over the crime charged. Section 910.005, Florida Statutes (1987); Lane v. State, 388

State v. Roberts

143 So. 3d 936, 2014 WL 1258540, 2014 Fla. App. LEXIS 4679

District Court of Appeal of Florida | Filed: Mar 28, 2014 | Docket: 60242395

Cited 5 times | Published

part of the offense occurred in Florida. See § 910.005(l)(a), Fla. Stat. (2010) (authorizing Florida

Ross v. State

664 So. 2d 1004, 1995 WL 608515

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 1230254

Cited 5 times | Published

calendar years and to pay a fine of $250,000. Section 910.005(1)(d), Florida Statutes (1987), provides that

Battle v. State

365 So. 2d 1035

District Court of Appeal of Florida | Filed: Dec 19, 1978 | Docket: 1314582

Cited 5 times | Published

support of this position, appellee relies upon Section 910.005(1)(b), Florida Statutes (1975). The record

Mosley v. State

842 So. 2d 855, 2002 WL 31889990

District Court of Appeal of Florida | Filed: Dec 31, 2002 | Docket: 1439511

Cited 4 times | Published

county where any of the criminal acts occurred. See § 910.05, Fla. Stat. (1997). Venue is an essential element

State v. Crider

625 So. 2d 957, 1993 WL 424187

District Court of Appeal of Florida | Filed: Oct 22, 1993 | Docket: 1517568

Cited 3 times | Published

A wrinkle on the venue rule is provided by section 910.05, Fla. Stat. (1991) for crimes where the acts

State v. Katz

417 So. 2d 716

District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 1383213

Cited 3 times | Published

v. State, 178 So.2d 714 (Fla. 1965), unless section 910.05, which provides that if the acts constituting

Crittendon v. State

338 So. 2d 1088

District Court of Appeal of Florida | Filed: Oct 11, 1976 | Docket: 455385

Cited 3 times | Published

victim in Duval County, claims the benefit of § 910.05, F.S. 1975, which provides: *1090 "If the acts

State v. Stephens

586 So. 2d 1073, 1991 WL 93535

District Court of Appeal of Florida | Filed: Oct 17, 1991 | Docket: 1488077

Cited 2 times | Published

therein makes applicable the venue provision of section 910.05. Section 810.02(1) defines burglary as "entering

Tarawneh v. State

562 So. 2d 770, 1990 WL 64134

District Court of Appeal of Florida | Filed: May 16, 1990 | Docket: 1674627

Cited 2 times | Published

376 So.2d 76 (Fla. 1979). Florida Statutes Section 910.005(1)(c) provides for jurisdiction in Florida

State v. Losada

89 So. 3d 1104, 2012 WL 2120864, 2012 Fla. App. LEXIS 9477

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60308552

Cited 1 times | Published

any county in which any of the acts occurred.” § 910.05, Fla. Stat. (2011). If the State commences prosecution

Kitchen v. State

965 So. 2d 252, 2007 WL 2609458

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 446810

Cited 1 times | Published

any county in which any of the acts occurred." § 910.05, Fla. Stat. "Appellate review is confined to issues

State v. Ruiz

909 So. 2d 986, 2005 Fla. App. LEXIS 14276, 2005 WL 2175453

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 64840244

Cited 1 times | Published

So.2d 473 (Fla. 4th DCA 1987)(holding that section 910.005(l)(b) of the Florida Statutes, providing in

Stepansky v. State

707 So. 2d 877, 1998 WL 95280

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 1772075

Cited 1 times | Published

jurisdiction of the State of Florida is set out in section 910.005, Florida Statutes. In general, it provides

State v. Wise

664 So. 2d 1028, 1995 Fla. App. LEXIS 11925, 1995 WL 675187

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 64760933

Cited 1 times | Published

the county where the letters were received. Section 910.05, Florida Statutes (1991), allows prosecution

State v. Costa

558 So. 2d 525, 1990 Fla. App. LEXIS 1921, 1990 WL 32456

District Court of Appeal of Florida | Filed: Mar 26, 1990 | Docket: 64648875

Cited 1 times | Published

court agreed, and dismissed the information. Section 910.005(3), Florida Statutes (1987), provides that

State of Florida v. Peter Washington, Jr.

District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660853

Published

12 § 910.05, Fla. Stat. (1985) (emphasis added). These statutes

State of Florida v. Peter Washington, Jr.

District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660853

Published

12 § 910.05, Fla. Stat. (1985) (emphasis added). These statutes

ABRAHAM DEJESUS RODRIGUEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 13, 2021 | Docket: 60642708

Published

(2019) (emphasis added). In turn, section 910.005(1), Florida Statutes (2019) states in part:

ORSON W. BENN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340846

Published

se. PER CURIAM. Affirmed. See § 910.005, Fla. Stat. (2003); McDonald v. State, 133 So

Sanders v. State

77 So. 3d 914, 2012 Fla. App. LEXIS 981, 2012 WL 204289

District Court of Appeal of Florida | Filed: Jan 25, 2012 | Docket: 60304847

Published

jurisdiction. Sanders argued that pursuant to section 910.005, Florida Statutes (2008), Florida did not have

Levine v. State

849 So. 2d 455, 2003 Fla. App. LEXIS 10844, 2003 WL 21658358

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 64823969

Published

consent of the person who let the vehicle. Under section 910.005, Florida has jurisdiction to prosecute cases

Lyons v. State

711 So. 2d 71, 1998 Fla. App. LEXIS 3644, 1998 WL 158598

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 64781043

Published

that is an element, occurs within the state.” § 910.005(2), Fla. Stat. (1993). By boarding the ship armed

State v. Stephens

608 So. 2d 905, 1992 Fla. App. LEXIS 11448, 1992 WL 332655

District Court of Appeal of Florida | Filed: Nov 13, 1992 | Docket: 64692176

Published

A wrinkle on the venue rule is provided by section 910.-05, Fla.Stat. (1991) for crimes where the acts

State v. Saunders

508 So. 2d 473, 12 Fla. L. Weekly 1396, 1987 Fla. App. LEXIS 8573

District Court of Appeal of Florida | Filed: Jun 3, 1987 | Docket: 64627807

Published

and the charges were dismissed. We reverse. Section 910.005(1)(b) provides: (1) A person is subject to

Martin v. State

488 So. 2d 653, 11 Fla. L. Weekly 1146, 1986 Fla. App. LEXIS 7854

District Court of Appeal of Florida | Filed: May 16, 1986 | Docket: 64619376

Published

petitions in this court. While conceding that Section 910.-05, Florida Statutes, gives the state the right

Ross v. State

411 So. 2d 247, 1982 Fla. App. LEXIS 19355

District Court of Appeal of Florida | Filed: Mar 2, 1982 | Docket: 64588616

Published

committed wholly or partly within the state. § 910.-005(l)(a), Fla.Stat. (1979); Lane v. State, 388 So

Carone v. State

361 So. 2d 437, 1978 Fla. App. LEXIS 15962

District Court of Appeal of Florida | Filed: Jul 14, 1978 | Docket: 64565610

Published

contention is laid to rest by the provisions of Section 910.005(l)(d), Florida Statutes (1977), which states: