Florida Statutes

Fla. Stat. § 913.13 (2025)

Jurors in capital cases.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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913.13 Jurors in capital cases.—A person who has beliefs which preclude her or him from finding a defendant guilty of an offense punishable by death shall not be qualified as a juror in a capital case.

History.—s. 12, ch. 1637, 1868; RS 2850; GS 3906; RGS 6004; CGL 8298; s. 89, ch. 70-339; s. 1521, ch. 97-102.

Note.—Former s. 932.20.

Notes of Decisions

Cited in 5 cases, 1975–2016 · leading case: Foster v. State, 369 So. 2d 928 (Fla. 1979).

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Foster v. State, 369 So. 2d 928 (Fla. 1979). · cites it 2× “Section 913.13, Florida Statutes (1975). The voir dire examination discloses that Joe C.”

Jennings v. State, 512 So. 2d 169 (Fla. 1987). · cites it 2× “Therefore, section 913.13, Florida Statutes (1985), does not apply, as it disqualifies only those who cannot vote for guilt in a capital case.”

Suggs v. McNeil, 609 F.3d 1218 (11th Cir. 2010). “Fla. Stat. § 913.13 . Even if one of the original seven votes for death would have viewed Suggs’s new evidence of mitigation favorably, it is reasonable to conclude that some jurors who voted for life would have reconsidered had they known what we now know about Suggs.”

Anthony Michael Ortiz v. State of Florida, 188 So. 3d 113 (Fla. 1st DCA 2016). · cites it 2× “The Florida Legislature plainly understands a capital case for purposes of chapter 913 is one where the death penalty is possible as evidenced by section 913.13, which excludes from jury service in a capital case any person who has an opposition to the death penalty.”

State v. McArthur, 43 Fla. Supp. 26 (Fla. Cir. Ct., Okeechobee Cty. 1975). “It is the opinion of the court that defendant’s counsel were not unduly restricted in their questioning and were allowed to propound “pertinent questions” to the prospective jurors after examination by the court.”

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