Florida Statute 913.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 913
TRIAL JURY

View Entire Chapter

F.S. 913.03

913.03 Grounds for challenge to individual jurors for cause.—A challenge for cause to an individual juror may be made only on the following grounds:

(1) The juror does not have the qualifications required by law;

(2) The juror is of unsound mind or has a bodily defect that renders him or her incapable of performing the duties of a juror, except that, in a civil action, deafness or hearing impairment shall not be the sole basis of a challenge for cause of an individual juror;

(3) The juror has conscientious beliefs that would preclude him or her from finding the defendant guilty;

(4) The juror served on the grand jury that found the indictment or on a coroner’s jury that inquired into the death of a person whose death is the subject of the indictment or information;

(5) The juror served on a jury formerly sworn to try the defendant for the same offense;

(6) The juror served on a jury that tried another person for the offense charged in the indictment, information, or affidavit;

(7) The juror served as a juror in a civil action brought against the defendant for the act charged as an offense;

(8) The juror is an adverse party to the defendant in a civil action, or has complained against or been accused by the defendant in a criminal prosecution;

(9) The juror is related by blood or marriage within the third degree to the defendant, the attorneys of either party, the person alleged to be injured by the offense charged, or the person on whose complaint the prosecution was instituted;

(10) The juror has a state of mind regarding the defendant, the case, the person alleged to have been injured by the offense charged, or the person on whose complaint the prosecution was instituted that will prevent the juror from acting with impartiality, but the formation of an opinion or impression regarding the guilt or innocence of the defendant shall not be a sufficient ground for challenge to a juror if he or she declares and the court determines that he or she can render an impartial verdict according to the evidence;

(11) The juror was a witness for the state or the defendant at the preliminary hearing or before the grand jury or is to be a witness for either party at the trial;

(12) The juror is a surety on defendant’s bail bond in the case.

History.—s. 184, ch. 19554, 1939; CGL 1940 Supp. 8663(191); s. 85, ch. 70-339; s. 5, ch. 93-125; s. 1520, ch. 97-102.

F.S. 913.03 on Google Scholar

F.S. 913.03 on CourtListener

Amendments to 913.03

Annotations, Discussions, Cases:

Cases Citing Statute 913.03

Total Results: 56

Singer v. State

109 So. 2d 7

Supreme Court of Florida | Filed: Feb 13, 1959 | Docket: 2520506

Cited 139 times | Published

Carter was sworn and served as a juryman. Section 913.03(11), F.S.A., provides that a challenge for

Johnson v. State

969 So. 2d 938, 2007 WL 1933048

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1403693

Cited 55 times | Published

prevent the juror from acting with impartiality." § 913.03(10), Fla. Stat. (2006). In a capital case, this

Cook v. State

542 So. 2d 964, 1989 WL 33221

Supreme Court of Florida | Filed: Apr 6, 1989 | Docket: 1515809

Cited 42 times | Published

unfair and violates the sixth amendment. See also § 913.03(10), Fla. Stat. (1987) ("formation of an opinion

Ross v. State

474 So. 2d 1170, 10 Fla. L. Weekly 405

Supreme Court of Florida | Filed: Aug 15, 1985 | Docket: 1470208

Cited 36 times | Published

juror whom he believed to be unacceptable. Section 913.03(9), Florida Statutes (1983), states that a

Miller v. State

42 So. 3d 204, 35 Fla. L. Weekly Supp. 323, 2010 Fla. LEXIS 854, 2010 WL 2195709

Supreme Court of Florida | Filed: Jun 3, 2010 | Docket: 2398193

Cited 35 times | Published

prevent the juror from acting with impartiality.” § 913.03(10), Fla. Stat. (2006). The United States Supreme

Leon v. State

396 So. 2d 203

District Court of Appeal of Florida | Filed: Feb 24, 1981 | Docket: 1732198

Cited 33 times | Published

1962), cert. dismissed, 155 So.2d 696 (Fla. 1963); § 913.03(10), Fla. Stat. (1979). Where there is any reasonable

Busby v. State

894 So. 2d 88, 2004 WL 2471387

Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 1768188

Cited 31 times | Published

See §§ 913.03; 913.08, Fla. Stat. (2003). Section 913.03 of the Florida Statutes outlines the grounds

Kibler v. State

546 So. 2d 710, 1989 WL 65510

Supreme Court of Florida | Filed: Jun 15, 1989 | Docket: 1443076

Cited 29 times | Published

quest to obtain a fair and impartial jury. *715 Section 913.03, Florida Statutes (1987), lists twelve grounds

Smith v. State

28 So. 3d 838, 34 Fla. L. Weekly Supp. 681, 2009 Fla. LEXIS 2067, 2009 WL 4841038

Supreme Court of Florida | Filed: Dec 17, 2009 | Docket: 1652281

Cited 27 times | Published

equivocated on his ability to follow the law. Section 913.03(10), Florida Statutes (2005), provides that

Ex Parte Sullivan

19 So. 2d 611, 155 Fla. 111, 1944 Fla. LEXIS 483

Supreme Court of Florida | Filed: Oct 17, 1944 | Docket: 3268521

Cited 26 times | Published

sheriff is a ground of challenge for cause, Section 913.03, Florida Statutes 1941, but if the right to

Wade v. State

41 So. 3d 857, 35 Fla. L. Weekly Supp. 239, 2010 Fla. LEXIS 687, 2010 WL 1791142

Supreme Court of Florida | Filed: May 6, 2010 | Docket: 2401250

Cited 25 times | Published

prevent the juror from acting with impartiality." § 913.03(10), Fla. Stat. (2006). In a capital case, this

McKenzie v. State

29 So. 3d 272, 35 Fla. L. Weekly Supp. 7, 2010 Fla. LEXIS 6, 2010 WL 26526

Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 544646

Cited 23 times | Published

enforcement officer in an unrelated case. See § 913.03(10), Fla. Stat. (2006). POLSTON, J., concurs.

Kennedy v. Wainwright

483 So. 2d 424, 11 Fla. L. Weekly 65

Supreme Court of Florida | Filed: Feb 12, 1986 | Docket: 455874

Cited 22 times | Published

the defendant guilty regardless of the evidence, § 913.03(3), Fla. Stat. (1981), but also those who indicate

Alen v. State

596 So. 2d 1083, 1992 WL 38333

District Court of Appeal of Florida | Filed: Mar 3, 1992 | Docket: 8325

Cited 21 times | Published

or perhaps to the applicable criminal statute, § 913.03, Fla. Stat. (1991); the abolition of the peremptory

Willie Jasper Darden v. Louie L. Wainwright, Secretary, Department of Corrections, State of Florida

725 F.2d 1526

Court of Appeals for the Eleventh Circuit | Filed: Jun 4, 1984 | Docket: 782011

Cited 21 times | Published

Fla.Jur.2d, Juries § 109 (1982); Fla.Stat.Ann. § 913.03 (1983). Because petitioner failed to object to

Banks v. State

46 So. 3d 989, 35 Fla. L. Weekly Supp. 313, 2010 Fla. LEXIS 855, 2010 WL 2195718

Supreme Court of Florida | Filed: Jun 3, 2010 | Docket: 2400229

Cited 19 times | Published

state of mind." Kopsho, 959 So.2d at 170; see also § 913.03(10), Fla. Stat. (2005) (explaining that one can

Bigham v. State

995 So. 2d 207, 2008 WL 2678052

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1684731

Cited 16 times | Published

prevent the juror from acting with impartiality." § 913.03(10), Fla. Stat. (2005). Excusal for cause is justified

Lamarca v. State

931 So. 2d 838, 2006 WL 1041050

Supreme Court of Florida | Filed: Apr 20, 2006 | Docket: 2518635

Cited 16 times | Published

the court did not indicate which provision of section 913.03, Florida Statutes (1997), justified its decision

Huber v. State

669 So. 2d 1079, 1996 WL 106339

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 1526177

Cited 16 times | Published

defense of intoxication, we reverse and remand. Section 913.03, Florida Statutes (1993), sets out the grounds

Kopsho v. State

959 So. 2d 168, 2007 WL 1499007

Supreme Court of Florida | Filed: May 24, 2007 | Docket: 1525678

Cited 14 times | Published

partial or otherwise removable for cause. See § 913.03, Fla. Stat. (2006). [3] Examples of cases from

Matarranz v. State

133 So. 3d 473, 38 Fla. L. Weekly Supp. 687, 2013 WL 5355117, 2013 Fla. LEXIS 2074

Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60238794

Cited 10 times | Published

heed the statutory framework established in section 913.03(10), Florida Statutes (2009), which requires

State v. Rodgers

347 So. 2d 610

Supreme Court of Florida | Filed: Jun 30, 1977 | Docket: 1687289

Cited 9 times | Published

sheriff is a ground of challenge for cause, Section 913.03, Florida Statutes 1941, F.S.A., but if the

Guzman v. State

934 So. 2d 11, 2006 WL 335479

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1747535

Cited 6 times | Published

impartial verdict according to the evidence." § 913.03(10), Florida Statutes (2003). Moreover, a juror

Franco v. State

777 So. 2d 1138, 2001 WL 87826

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1513969

Cited 5 times | Published

prevented her from acting with impartiality. See § 913.03, Fla. Stat. (2000). The trial judge did not abuse

Kerestesy v. State

760 So. 2d 989, 2000 WL 762251

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 1695135

Cited 5 times | Published

impartial verdict according to the evidence." § 913.03(10), Fla. Stat. (1997). The test for determining

Waddell v. State

458 So. 2d 1140

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 1452811

Cited 5 times | Published

would tender the jury at this time, Your Honor. Section 913.03, Florida Statutes (1981), provides in pertinent

Jenkins v. State

380 So. 2d 1042

District Court of Appeal of Florida | Filed: Apr 16, 1980 | Docket: 1402082

Cited 5 times | Published

basis for challenges for cause are set forth in Section 913.03(9), Florida Statutes (1979). The subsection

Dorsey v. Reddy

931 So. 2d 259, 2006 WL 1707986

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 1522298

Cited 4 times | Published

WL 335479 (Fla. 3d DCA Feb. 15, 2006) (citing § 913.03(10), Fla. Stat. (2003)). The trial court's decision

Peri v. State

412 So. 2d 367

District Court of Appeal of Florida | Filed: Apr 13, 1981 | Docket: 2573034

Cited 4 times | Published

open mind and follow the court's instructions. § 913.03, Fla. Stat. (1979). Appellant excused the prospective

Murphy v. State of Florida

363 F. Supp. 1224

District Court, S.D. Florida | Filed: Nov 1, 1973 | Docket: 2107382

Cited 4 times | Published

1972). [2] Florida law provides as follows: § 913.03 Grounds for Challenge to Individual Jurors for

Crawford v. State

805 So. 2d 997, 2001 WL 1575663

District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 1242089

Cited 3 times | Published

both motions to strike juror Rhoden for cause. Section 913.03, Florida Statutes (2000), provides a list of

Skipper v. State

400 So. 2d 797

District Court of Appeal of Florida | Filed: Jun 17, 1981 | Docket: 1677025

Cited 3 times | Published

no disqualification of the juror was shown. Section 913.03, Florida Statutes. Appellant has a heavy burden

Ibarrondo v. State

1 So. 3d 226, 2008 Fla. App. LEXIS 20619, 2008 WL 5352101

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1653622

Cited 2 times | Published

State, 934 So.2d 11,15 (Fla. 3d DCA 2006) (citing § 913.03(10), Fla. Stat. (2003))), review denied, 945 So

Companioni v. City of Tampa

958 So. 2d 404, 2007 Fla. App. LEXIS 4679, 2007 WL 936355

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1414254

Cited 2 times | Published

sheriff is a ground of challenge for cause, Section 913.03, Florida Statutes 1941, F.S.A., but if the

Irby v. State

436 So. 2d 1047

District Court of Appeal of Florida | Filed: Aug 30, 1983 | Docket: 1339665

Cited 2 times | Published

speedy and public trial by impartial jury.... Section 913.03(10), Florida Statutes, provides that a jury

Irby v. State

436 So. 2d 1047

District Court of Appeal of Florida | Filed: Aug 30, 1983 | Docket: 1339665

Cited 2 times | Published

speedy and public trial by impartial jury.... Section 913.03(10), Florida Statutes, provides that a jury

Capers v. State

433 So. 2d 1323

District Court of Appeal of Florida | Filed: Jul 5, 1983 | Docket: 1727540

Cited 2 times | Published

Ashley v. State, 370 So.2d 1191 (Fla. 3d DCA 1979); § 913.03(10), Fla. Stat. (1981). Second, appellant's claim

Ruibens Salomon v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998652

Published

prevent the juror from acting with impartiality.” § 913.03(10), Fla. Stat. (2021). [I]f there is basis

Peter Sciallo v. the State of Florida

District Court of Appeal of Florida | Filed: Sep 18, 2024 | Docket: 69171791

Published

appellate courts found reversible error. 1 Section 913.03(10), Florida Statutes (2023), “provides that

Randall T. Deviney v. State of Florida

Supreme Court of Florida | Filed: May 6, 2021 | Docket: 59885766

Published

impartiality.’ ” Johnson, 969 So. 2d at 946 (quoting § 913.03(10), Fla. Stat. (2006)); accord Ault, 866 So.

Pearson v. Philip Morris USA Inc.

270 So. 3d 441

District Court of Appeal of Florida | Filed: Mar 1, 2019 | Docket: 64713188

Published

impartial verdict according to the evidence." Cf. § 913.03(10), Fla. Stat. (2017) ("[T]he formation of an

JUDITH PEARSON, AS PERSONAL REPRESENTATIVE v. IN RE: ENGLE PROGENY CASES TOBACCO LITIGATION

District Court of Appeal of Florida | Filed: Mar 1, 2019 | Docket: 14579155

Published

verdict according to the evidence." Cf. § 913.03(10), Fla. Stat. (2017) ("[T]he formation

Pearson v. Philip Morris USA Inc.

270 So. 3d 441

District Court of Appeal of Florida | Filed: Mar 1, 2019 | Docket: 64713187

Published

impartial verdict according to the evidence." Cf. § 913.03(10), Fla. Stat. (2017) ("[T]he formation of an

Bentley v. State

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240849

Published

5 for cause. See Fla. R. Crim. P. 3.300(c) and § 913.03, Fla. Stat. (2015) (addressing challenges of

Moses McCray v. State of Florida

220 So. 3d 1119, 42 Fla. L. Weekly Supp. 618, 2017 WL 2291272, 2017 Fla. LEXIS 1155

Supreme Court of Florida | Filed: May 25, 2017 | Docket: 6065955

Published

(citing §§ 913.03, 913.08, Fla. Stat. (2003)). “Section 913.03 of the Florida Statutes outlines the grounds

Welch v. State

189 So. 3d 296, 2016 WL 1446089, 2016 Fla. App. LEXIS 5549

District Court of Appeal of Florida | Filed: Apr 13, 2016 | Docket: 3053101

Published

Singer, 109 So.2d at 23); see also § 913.03(10), Fla. Stat. (2014) (specifying ground for

Gonzalez v. State

143 So. 3d 1171, 2014 WL 3930137, 2014 Fla. App. LEXIS 12444

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 932726

Published

overrule years of decisional or statutory law. Section 913.03 of the Florida Statutes, which specifies the

Matarranz v. State

99 So. 3d 534, 2011 WL 3300367, 2011 Fla. App. LEXIS 12138, 36 Fla. L. Weekly Fed. D 1667

District Court of Appeal of Florida | Filed: Aug 3, 2011 | Docket: 60313063

Published

considered equivocal. Guzman, 934 So.2d at 15 (quoting § 913.03(10), Fla. Stat. (2011)). Importantly, “[a]s long

Bolling v. State

61 So. 3d 419, 2011 Fla. App. LEXIS 5345, 2011 WL 1414715

District Court of Appeal of Florida | Filed: Apr 14, 2011 | Docket: 60300475

Published

challenge a juror who failed to make disclosure. Section 913.03 provides the grounds for a challenge for cause

Boykins v. State

783 So. 2d 317, 2001 Fla. App. LEXIS 4521, 2001 WL 329545

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 64804968

Published

jurors is subject to a challenge for cause. Section 913.03, Florida Statutes (1999) identifies twelve

Shahgodari v. State

744 So. 2d 1109, 1999 Fla. App. LEXIS 13205, 1999 WL 816989

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 64792188

Published

aggravated assault. Appellant relied upon section 913.03(6), Florida Statutes, which provides for a

Judah v. State

654 So. 2d 994, 1995 Fla. App. LEXIS 4991, 1995 WL 264015

District Court of Appeal of Florida | Filed: May 9, 1995 | Docket: 64756193

Published

subjected to the proper test for dismissal for cause. § 913.03, Fla.Stat.; Waddell v. State, 458 So.2d 1140,

Denmark v. State

656 So. 2d 166, 1995 Fla. App. LEXIS 1854, 1995 WL 73579

District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 64757126

Published

and testified against him at trial. Under section 913.03(9), Florida Statutes (1989),1 Denmark’s counsel

Williams v. State

440 So. 2d 404, 1983 Fla. App. LEXIS 22421

District Court of Appeal of Florida | Filed: Oct 4, 1983 | Docket: 64600564

Published

speedy and public trial by impartial jury.... Section 913.03, Florida Statutes (1981), provides: A challenge

Peek v. State

413 So. 2d 1225, 1982 Fla. App. LEXIS 19854

District Court of Appeal of Florida | Filed: Apr 20, 1982 | Docket: 64589959

Published

Weber to render an impartial verdict, see Section 913.03(10), Florida Statutes (1979), whether or not

Hunt v. State

330 So. 2d 502, 1976 Fla. App. LEXIS 15014

District Court of Appeal of Florida | Filed: Apr 13, 1976 | Docket: 64553378

Published

within or meet the grounds for challenge under § 913.03, Fla.Stat. We find nothing in the record that