Florida Statutes

Fla. Stat. § 918.06 (2025)

Separation and detention of jurors; admonition by court.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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918.06 Separation and detention of jurors; admonition by court.—The court shall admonish the jury that it is their duty not to converse among themselves or with anyone else on a subject connected with the trial or to form or express an opinion on a subject connected with the trial until the cause is submitted to them. When the jurors leave the jury box, the court may direct that the jury be kept together in the charge of a proper officer or allow them to separate. If the court permits the jurors to separate, it shall admonish them not to view the place where the offense appears to have been committed.

History.—s. 211, ch. 19554, 1939; CGL 1940 Supp. 8663(219); s. 115, ch. 70-339.

Notes of Decisions

Cited in 13 cases, 1953–1990 · leading case: Kight v. State, 512 So. 2d 922 (Fla. 1987).

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Kight v. State, 512 So. 2d 922 (Fla. 1987). · cites it 3× “A defense motion to discharge the jury based on the trial court's failure to admonish the jury as required by section 918.06, Florida Statutes (1983) was subsequently denied.”

Engle v. State, 438 So. 2d 803 (Fla. 1983). · cites it 2× “Appellant also contends, in relation to the separation of the jury, that section 918.06, Florida Statutes (1979), was violated.”

Tejeda-Bermudez v. State, 427 So. 2d 1096 (Fla. 3d DCA 1983). · cites it 4× “Appellant raises two points as reversible error: (1) denial of a motion for mistrial where the jury was deadlocked after six hours of deliberations, and in separating the jury for the weekend after it had reported the deadlock without the admonitions required by Section 918.”

Livingston v. State, 458 So. 2d 235 (Fla. 1984). · cites it 2× “Nor does section 918.06, Florida Statutes (1979), which provides the court with discretion to either sequester the jury or allow them to separate when they "leave the jury box," specifically allow for such a separation during deliberations.”

Ulloa v. State, 486 So. 2d 1373 (Fla. 3d DCA 1986). · cites it 3× “NOTES [1] Presumably, "instructions" refers to the admonitions then required by Section 918.06, Florida Statutes (1951), that the jurors are "not to converse among themselves, or with any one else, on any subject connected with the trial, or to form or express any opinion…”

Kennick v. State, 107 So. 2d 59 (Fla. 1st DCA 1958). · cites it 4× “Appellant contends that F.S. § 918.06, F.S.A., prohibits the prospective jurors from being separated without being admonished as therein provided, viz.”

Raines v. State, 65 So. 2d 558 (Fla. 1953). · cites it 3× “I cannot conscientiously say that "the substantial rights of the defendant have not been prejudiced" where the record shows a conviction and a sentence to five years in the State Prison.”

McDermott v. State, 383 So. 2d 712 (Fla. 3d DCA 1980). · cites it 2× “There, the court stated: There is no showing in the way of evidence that defendant's rights were prejudiced but trials should not be conducted in a way that defendant has good reason for the belief that he was deprived of fundamental rights.”

Hernandez v. State, 572 So. 2d 969 (Fla. 3d DCA 1990). · cites it 2× “3d DCA 1986); see also § 918.06, Fla. Stat. (1989).”

Busquet v. State, 498 So. 2d 1353 (Fla. 3d DCA 1986). · cites it 2× “Nor does section 918.06, Florida Statutes (1979), which provides the court with discretion to either sequester the jury or allow them to separate when they ‘leave the jury box,’ specifically allow for such a separation during deliberations.”

Worthington v. State, 183 So. 2d 728 (Fla. 3d DCA 1966). · cites it 2× “Once again, the appellant must travel on the basis of fundamental error. We do not find that the alleged error would constitute such,, but in examining the complained of instruction, we find that the trial judge adequately complied with § 918.”

Ferreri v. State, 109 So. 2d 578 (Fla. 3d DCA 1959). · cites it 2× “Section 918.06, Florida Statutes, F.S.A., requires the court to admonish the jury that it is their duty not to converse among themselves, or with any one else, on any subject connected with the trial, or to form or express any opinion thereon until the cause is finally submitted…”

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