Florida Statute 918.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 918
CONDUCT OF TRIAL

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F.S. 918.05

918.05 View by jury.—When a court determines that it is proper for the jury to view a place where the offense may have been committed or other material events may have occurred, it may order the jury to be conducted in a body to the place, in custody of a proper officer. The court shall admonish the officer that no person, including the officer, shall be allowed to communicate with the jury about any subject connected with the trial. The jury shall be returned to the courtroom in accordance with the directions of the court. The judge and defendant, unless the defendant absents himself or herself without permission of court, shall be present, and the prosecuting attorney and defense counsel may be present at the view.

History.—s. 210, ch. 19554, 1939; CGL 1940 Supp. 8663(218); s. 114, ch. 70-339; s. 1538, ch. 97-102.

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Amendments to 918.05

Annotations, Discussions, Cases:

Cases Citing Statute 918.05

Total Results: 9

Roberts v. State

510 So. 2d 885, 12 Fla. L. Weekly 325

Supreme Court of Florida | Filed: Jul 2, 1987 | Docket: 1593209

Cited 76 times | Published

failure to attend the view, as mandated by section 918.05, Florida Statutes (1983), constituted a fundamental

Peri v. State

426 So. 2d 1021, 39 A.L.R. 4th 454

District Court of Appeal of Florida | Filed: Jan 18, 1983 | Docket: 1683796

Cited 23 times | Published

jury in light of the mandatory provisions of Section 918.05, Florida Statutes (1951). While the voir dire

McCollum v. State

74 So. 2d 74, 47 A.L.R. 2d 1218, 1954 Fla. LEXIS 1088

Supreme Court of Florida | Filed: Jul 20, 1954 | Docket: 1269412

Cited 14 times | Published

jury in respect to his duties at the view, section 918.05, Florida Statutes 1951, F.S.A., the jury, in

State v. Singletary

549 So. 2d 996, 1989 WL 101532

Supreme Court of Florida | Filed: Aug 31, 1989 | Docket: 1373722

Cited 12 times | Published

judge's presence at a jury view, mandated by section 918.05, Florida Statutes (1983), constituted fundamental

Billie v. State

863 So. 2d 323, 2003 WL 21749078

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1432231

Cited 8 times | Published

three alternative scenarios in violation of Section 918.05, Florida Statutes, because the evidence did

Bryan v. State

591 So. 2d 1110, 1992 Fla. App. LEXIS 23, 1992 WL 574

District Court of Appeal of Florida | Filed: Jan 3, 1992 | Docket: 64664443

Published

when Bryan shot him. We agree and reverse. Section 918.05, Florida Statutes (1987), specifically requires

Futch v. State

223 So. 2d 756, 1969 Fla. App. LEXIS 5715

District Court of Appeal of Florida | Filed: Jun 10, 1969 | Docket: 64510274

Published

fundamental error. In support of this view see § 918.05, Fla.Stat., F.S.A.; Garcia v. State, 34 Fla. 311

Dodd v. State

209 So. 2d 666, 1968 Fla. LEXIS 2282

Supreme Court of Florida | Filed: Apr 24, 1968 | Docket: 64504969

Published

compliance with the mandatory provisions of Section 918.05 F.S. 1967, F.S.A. relating to a view by the

Ferreri v. State

109 So. 2d 578

District Court of Appeal of Florida | Filed: Mar 4, 1959 | Docket: 60191945

Published

be tried in their absence from the court. Section 918.05, Florida Statutes, F.S.A., authorizes the jury