Florida Statutes
Fla. Stat. § 910.11 (2025)
Conviction or acquittal bar to prosecution.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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910.11 Conviction or acquittal bar to prosecution.—
(1) No person shall be held to answer on a second indictment, information, or affidavit for an offense for which the person has been acquitted. The acquittal shall be a bar to a subsequent prosecution for the same offense, notwithstanding any defect in the form or circumstances of the indictment, information, or affidavit.
(2) When a person may be tried for an offense in two or more counties, a conviction or acquittal in one county shall be a bar to prosecution for the same offense in another county.
Notes of Decisions
Cited in 6
cases, 1974–2004 · leading case: Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA 1989).
Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA 1989). “Section 910.11, Florida Statutes, provides: Conviction or acquittal bar to prosecution.”
State v. Beamon, 298 So. 2d 376 (Fla. 1974). “Fla. Stat. § 910.11 (1) is also asserted by respondent as distinguishing and controlling.”
Ashman v. State, 886 So. 2d 1079 (Fla. 5th DCA 2004). “The State concedes that if the Orange County kidnapping convictions relate to the same episode as the Polk County kidnapping convictions, then the Orange County convictions would be improper.”
State v. Stephens, 586 So. 2d 1073 (Fla. 5th DCA 1991). “Because I think Stephen's conduct in Seminole County as alleged in the information and proved at trial is a crime under the burglary statute and that crime was committed in Seminole County (even though Stephen's initial entry in Volusia County was unlawful), I would sustain the…”
State v. Mars, 498 So. 2d 402 (Fla. 1986). “See § 910.11, Fla. Stat. (1983). I also dissent for the reasons I stated in dissent in State v.”
Brown v. State, 516 So. 2d 1079 (Fla. 2d DCA 1987). “” Section 910.11(2), Florida Statutes (1985), provides: “When a person may be tried for an offense in two or more counties, a conviction or acquittal in one county shall be a bar to prosecution for the same offense in another county.”
— 910.11(2) — 3 cases
Ashman v. State, 886 So. 2d 1079 (Fla. 5th DCA 2004). “The State concedes that if the Orange County kidnapping convictions relate to the same episode as the Polk County kidnapping convictions, then the Orange County convictions would be improper.”
State v. Stephens, 586 So. 2d 1073 (Fla. 5th DCA 1991). “Because I think Stephen's conduct in Seminole County as alleged in the information and proved at trial is a crime under the burglary statute and that crime was committed in Seminole County (even though Stephen's initial entry in Volusia County was unlawful), I would sustain the…”
Brown v. State, 516 So. 2d 1079 (Fla. 2d DCA 1987). “” Section 910.11(2), Florida Statutes (1985), provides: “When a person may be tried for an offense in two or more counties, a conviction or acquittal in one county shall be a bar to prosecution for the same offense in another county.”
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