Florida Statute 910.005 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 910
JURISDICTION AND VENUE

View Entire Chapter

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 Casetext

Amendments to 910.005

Arrestable Offenses / Crimes under Fla. Stat. 910.005

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 910.005.

Annotations, Discussions, Cases:

Cases Citing Statute 910.005

Total Results: 20

ABRAHAM DEJESUS RODRIGUEZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-13T00:53:00-07:00

Snippet: 2019) (emphasis added). In turn, section 910.005(1), Florida Statutes (2019) states in part: …). We hold that under sections 847.0135(7) and 910.005(1), the State’s criminal jurisdiction extends to

ORSON W. BENN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-21T00:53:00-07:00

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

Kentrell F. Johnson v. State of Florida

Court: Fla. | Date Filed: 2018-03-15T00:00:00-07:00

Citation: 238 So. 3d 726

Snippet: which the state attorney serves. See § 910.05, Fla. Stat. (2010) ("If the acts constituting…both jurisdictions. *739 See § 910.05, Fla. Stat. Second Judicial Circuit state attorneys…offense were committed in two or more counties. § 910.05, Fla. Stat. Johnson concedes that venue was proper

Delgado v. Agency for Health Care Admin.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-26T00:00:00-08:00

Citation: 237 So. 3d 432

Snippet: informed AHCA of the wrongful death action. See § 409.910(5), Fla. Stat. (2016). Accordingly, AHCA asserted

State v. Roberts

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-28T00:00:00-07:00

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

Snippet: part of the offense occurred in Florida. See § 910.005(l)(a), Fla. Stat. (2010) (authorizing Florida prosecution…part, in Florida. Jurisdiction Statute Section 910.005, governing State criminal jurisdiction, provides…Florida if that element occurred in Florida. See § 910.005(l)(a). The inquiry calls upon us to determine whether…to perform a duty imposed by Florida law. See § 910.005(2), (3). We conclude that it does. Case Law No…included a provision nearly identical to section 910.005(3): “A crime which is based on an omission to perform

State v. Cisneros

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-01T00:00:00-08:00

Citation: 106 So. 3d 42, 2013 Fla. App. LEXIS 1544, 2013 WL 376058

Snippet: any county in which the crime occurred. See §§ 910.05 & 910.06, Fla. Stat. (2007); see also § 910.02

Braddy v. State

Court: Fla. | Date Filed: 2012-11-15T00:00:00-08:00

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

Snippet: Broward County, where Quatisha was killed. Section 910.05, Florida Statutes (1997), provides that “[i]f the…County. Venue was thus properly laid under section 910.05 with respect to those offenses in Miami-Dade County

State v. Losada

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-13T00:00:00-07:00

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

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

Sanders v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-25T00:00:00-08:00

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

Snippet: jurisdiction. Sanders argued that pursuant to section 910.005, Florida Statutes (2008), Florida did not have …attempt to commit an offense within the state.... § 910.005(1), Fla. Stat. (2008). Sanders contends that the…under either paragraph (a) or (b) of subsection 910.005(1). The trial court based its denial of the motion…within” Florida, so paragraph (a) of subsection 910.005(1) does not apply. Further, because the crime was…attempt to commit an offense within” Florida under 910.005(l)(b). In denying the motion to dismiss, the trial

Kitchen v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-12T00:53:00-07:00

Citation: 965 So. 2d 252

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

Simmons v. State

Court: Fla. | Date Filed: 2006-11-15T23:53:00-08:00

Citation: 944 So. 2d 317

Snippet: committed wholly or partly within the state." § 910.005(1)(a), Fla. Stat. (2005) (emphasis added); see …either wholly or partly within the state). Section 910.005(2) explains that an offense is committed partly

Simmons v. State

Court: Fla. | Date Filed: 2006-05-11T00:00:00-07:00

Citation: 934 So. 2d 1100

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

State v. Ruiz

Court: Fla. Dist. Ct. App. | Date Filed: 2005-09-09T00:00:00-07:00

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

Snippet: alleged victim. . Section 910.005 of the Florida Statutes (2003) provides: 910.005. State criminal jurisdiction….2d 473 (Fla. 4th DCA 1987)(holding that section 910.005(l)(b) of the Florida Statutes, providing in part…constitutes a knowing violation of s. 286.011. § 910.005(1), Fla. Stat. (2003). No. 5D04-3268

Levine v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-16T00:00:00-07:00

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

Snippet: the person who let the vehicle. Under section 910.005, Florida has jurisdiction to prosecute cases in

Mosley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-30T23:53:00-08:00

Citation: 842 So. 2d 855

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

Black v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-05-31T00:53:00-07:00

Citation: 819 So. 2d 208

Snippet: furtherance of the conspiracy occurs in the state ... § 910.005(1), Fla. Stat. (1993). An offense is committed …element[ ] occurs *211 within the state." § 910.005(2), Fla. Stat. (1993). "The general rule .…Escambia County) occurred within Florida. See § 910.005(2), Fla. Stat. (1993). Similarly, in connection…] conspiracy occur[ring] in the state." § 910.005(1)(c), Fla. Stat. (1993). The sales in question

City of Oldsmar v. State

Court: Fla. | Date Filed: 2001-07-12T00:53:00-07:00

Citation: 790 So. 2d 1042

Snippet: competent jurisdiction. See B.J.M., 656 So.2d at 910. [5] The City contends that a change to the language

State v. Stepansky

Court: Fla. | Date Filed: 2000-04-20T00:53:00-07:00

Citation: 761 So. 2d 1027

Snippet: jurisdiction was properly exercised under section 910.005(2), Florida Statutes (1977), which grants Florida…struck in Alabama, we held that pursuant to section 910.005(2), Florida Statutes (1977), Florida had jurisdiction

Lyons v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-08T00:00:00-07:00

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

Snippet: that is an element, occurs within the state.” § 910.005(2), Fla. Stat. (1993). By boarding the ship armed…Because the State had jurisdiction under section 910.005(2), there is no need to reach the question challenging…properly exercised its jurisdiction under section 910.005, over Lyons’ criminal conduct. We affirm his conviction

Stepansky v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-03-03T23:53:00-08:00

Citation: 707 So. 2d 877

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