Florida Statutes
Fla. Stat. § 918.07 (2025)
Admonition to officer in charge of jurors.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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918.07 Admonition to officer in charge of jurors.—When the jury is committed to the charge of an officer, the officer shall be admonished by the court to keep the jurors together in the place specified and not to permit any person to communicate with them on any subject except with the permission of the court given in open court in the presence of the defendant or the defendant’s counsel. The officer shall not communicate with the jurors on any subject connected with the trial and shall return the jurors to court as directed by the court.
History.—s. 212, ch. 19554, 1939; CGL 1940 Supp. 8663(220); s. 116, ch. 70-339; s. 1539, ch. 97-102.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1959–2025 · leading case: State v. Merricks, 831 So. 2d 156 (Fla. 2002).
State v. Merricks, 831 So. 2d 156 (Fla. 2002). “" § 918.07, Fla. Stat. (2001). Without question, the potential for prejudice is the same, if not greater, when a bailiff, rather than a trial judge, answers a jury's inquiry directly without notice to and outside the presence of defense counsel and the State.”
McKinney v. State, 579 So. 2d 80 (Fla. 1991). “" The bailiff reported this exchange to the judge who called in the jury and reinstructed it on the verdicts for first-degree murder.”
Walker v. State, 546 So. 2d 1165 (Fla. 3d DCA 1989). “Defense counsel argued that the conversation was improper and violated section 918.07, Florida Statutes (1987), which prohibits a bailiff from communicating with jurors on any subject connected with the trial, and Florida Rule of Criminal Procedure 3.”
Thomas v. State, 730 So. 2d 667 (Fla. 1998). “The bailiff's actions in this case violated section 918.07, Florida Statutes (1995), which prevents the officer in charge of the jurors from communicating with the jurors "on any subject except with the permission of the court given in open court in the presence of the defendant…”
Crews v. State, 442 So. 2d 432 (Fla. 5th DCA 1983). “Appellant also argues the contact between the bailiff, the witness and the jury violated section 918.07, Florida Statutes (1981). That section provides: When the jury is committed to the charge of an officer, he shall be admonished by the court to keep the jurors together in the…”
Holzapfel v. State, 120 So. 2d 195 (Fla. 3d DCA 1960). “Another of these safeguards is section 918.07, Fla. Stat., F.S.A. [3] One of the admonitions to the officer in charge of jurors in this latter section is as follows: "Such officer shall not communicate with the jurors on any subject connected with the trial, * * *.”
Degeer v. State, 349 So. 2d 713 (Fla. 2d DCA 1977). “410 (requiring additional instructions to the jury to be given in open court) and Section 918.07, Florida Statutes (1975) (prohibiting the officer in charge of the jury from communicating with jurors on any subject connected with the trial).”
Caldwell v. State, 340 So. 2d 490 (Fla. 2d DCA 1976). “Section 918.07, Florida Statutes. Therefore we reverse the judgment on involuntary sexual battery and remand for a new trial.”
Rodas v. State, 967 So. 2d 444 (Fla. 4th DCA 2007). “" Then he told the bailiff to give the written instruction to the jury. Within a few minutes, the jury returned a verdict.”
Ennis v. State, 300 So. 2d 325 (Fla. 1st DCA 1974). “Burdick did keep his money in several banks that he had quite a bit of money in several banks", if given, was error and a violation of Section 918.07, Florida Statutes, which provides that the officer in whose charge a jury is committed shall not communicate with the jurors on…”
Thiefault v. State, 655 So. 2d 1277 (Fla. 4th DCA 1995). “Such conduct violated section 918.07, Florida Statutes *1279 (1993), which provides that the officer in charge of jurors "shall not communicate with the jurors on any subject connected with the trial.”
Wright v. CTL Distrib., Inc., 650 So. 2d 641 (Fla. 2d DCA 1995). “§ 918.07, Fla. Stat. (1991); Holzapfel, 120 So.”
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