Florida Statute 923.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 923
FORM OF INDICTMENT AND OTHER FORMS

View Entire Chapter

F.S. 923.03

923.03 Indictment and information.—

(1) The following forms of indictment and information, in all cases to which they are applicable, shall be deemed sufficient, as a charge of the offense to which they relate as defined by the laws of this state, and analogous forms may be used in all other cases:

(a) As to first degree murder:

In the name and by the authority of the State of Florida: The Grand Jurors of the County of charge that A. B. unlawfully and from a premeditated design to effect the death of (or while robbing the house of as the case may be) did murder in said county, by shooting her or him with a gun or pistol (or by striking her or him with a club—or by giving her or him poison to drink—or by pushing her or him into the water whereby she or he was drowned).

(b) As to second degree murder:

Unlawfully by an act imminently dangerous to another, and evincing a depraved mind, regardless of human life; that is to say, by firing her or his shotgun into the store of (or by striking with an adz, as the case may be) but without a premeditated design to effect the death of any particular person, did kill in said county.

Unlawfully, and while feloniously stealing cattle (or timber, or while feloniously assaulting as the case may be), but without any design to effect death, did kill in said county, by sinking her or his boat (or by running over her or him with an automobile—or by shooting her or him with a gun or pistol, as the case may be).

(d) As to manslaughter:

Unlawfully and by culpable negligence, in driving an automobile (or firing a boiler—or by performing a surgical operation) or (in the heat of passion—omitting in this latter case the allegation of culpable negligence), but without intent to murder, did kill in said county, by running over her or him with said automobile (or by causing said boiler to explode—or by infecting her or him with a deadly infection—or by striking her or him with a hammer).

(e) As to perjury:

In the hearing of a cause in the court of County, Florida, in which and others were plaintiffs and others were defendants, after being duly sworn to speak the truth, falsely swore, etc. (stating the substance of the false testimony), such matter being material in said cause, and the said then and there knowing that she or he swore falsely.

(2) An information shall be in the same form and signed by the state attorney who shall also append thereto the oath of the state attorney to the effect following:

Personally appeared before me (official title of state attorney) who, being first duly sworn, says that the allegations as set forth in the foregoing information are based upon facts that have been sworn to as true and which, if true, would constitute the offense therein charged.

The affidavit shall be made by the state attorney before some person qualified to administer an oath.

History.—s. 279(1-2), ch. 19554, 1939; CGL 1940 Supp. 8663(289); s. 38, ch. 73-334; s. 1553, ch. 97-102.

F.S. 923.03 on Google Scholar

F.S. 923.03 on Casetext

Amendments to 923.03

Arrestable Offenses / Crimes under Fla. Stat. 923.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 923.03.

Annotations, Discussions, Cases:

Cases Citing Statute 923.03

Total Results: 17

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-08-03

Citation: 715 So. 2d 336, 1998 Fla. App. LEXIS 9737, 1998 WL 432802

Snippet: word “did” from the form information in section 923.03, Florida Statutes, the charging document “stated

Ondo v. F. GARY GIESEKE, PA

Court: District Court of Appeal of Florida | Date Filed: 1997-07-23

Citation: 697 So. 2d 921, 1997 WL 408322

Snippet: doctors found out that the rods were infected. *923 3. Subsequently, Michael E. Ondo died and I was informed

State v. Mandell

Court: District Court of Appeal of Florida | Date Filed: 1992-06-03

Citation: 599 So. 2d 1383, 1992 Fla. App. LEXIS 5838, 1992 WL 115764

Snippet: requires that the information be “under oath.” Section 923.03(2), Florida Statutes (1991), in turn, requires

Morffy v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-10-25

Citation: 534 So. 2d 733, 13 Fla. L. Weekly 2392, 1988 Fla. App. LEXIS 4719, 1988 WL 110851

Snippet: contains the identical requirement. See also § 923.03(2), Fla.Stat. (1987). It is established that the

State v. Harden

Court: District Court of Appeal of Florida | Date Filed: 1980-06-04

Citation: 384 So. 2d 52, 1980 Fla. App. LEXIS 16357

Snippet: victim or the accused as persons or human beings. § 923.03(l)(a), Fla.Stat. (1979). In Lee v. State, 115 Fla

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-08-10

Snippet: whether or not they should execute the statutory (s. 923.03(2), F. S.) oath required of them in filing informations

STATE, OFFICE OF STATE ATTY. FOR 20TH JC v. Sievert

Court: District Court of Appeal of Florida | Date Filed: 1975-05-14

Citation: 312 So. 2d 788

Snippet: [1] Fla. Const. Art. V, § 17. [2] Fla. Stat. § 923.03(2).

Eagan v. DeManio

Court: Supreme Court of Florida | Date Filed: 1974-05-15

Citation: 294 So. 2d 639

Snippet: constitute the offense therein charged." Fla. Stat., § 923.03(2), F.S.A. Investigating activity is necessary

Shifrin v. State

Court: District Court of Appeal of Florida | Date Filed: 1968-05-10

Citation: 210 So. 2d 18

Snippet: would be of no importance, because of Fla. Stat. § 923.03, F.S.A. We concur. The reliance by appellant for

State v. Hill

Court: District Court of Appeal of Florida | Date Filed: 1968-03-12

Citation: 208 So. 2d 154, 1968 Fla. App. LEXIS 5735

Snippet: information upon oath as set forth in 923.02 F.S. [sic § 923.03(2), Fla.Stat., F.S.A.]” It is the state’s contention

State v. McGowan

Court: District Court of Appeal of Florida | Date Filed: 1965-10-05

Citation: 178 So. 2d 738, 1965 Fla. App. LEXIS 3684

Snippet: manslaughter as set forth in § 782.07, F.S.A. Section 923.03(d), F.S.A., adopted in 1939, provides a form of

Darty v. State

Court: District Court of Appeal of Florida | Date Filed: 1964-03-04

Citation: 161 So. 2d 864

Snippet: [2] Fla. Stat. § 906.05, F.S.A.; Fla. Stat. § 923.03(a), F.S.A.

Bazarte v. State

Court: District Court of Appeal of Florida | Date Filed: 1959-12-30

Citation: 117 So. 2d 227

Snippet: perjury is set out in Section 923.03, Florida Statutes, F.S.A., as follows: “923.03 * * * “(e) As to perjury:

State v. Fabian

Court: District Court of Appeal of Florida | Date Filed: 1957-11-20

Citation: 97 So. 2d 178

Snippet: false statements was sufficiently alleged.” Section 923.03, Florida Statutes, 1955, F.S.A., contains a number

Taylor v. State

Court: Supreme Court of Florida | Date Filed: 1945-06-29

Citation: 22 So. 2d 639, 156 Fla. 122, 1945 Fla. LEXIS 770

Snippet: State, 97 Fla. 650, 122 So. 110. See also Section 923.03 (a) F.S. 1941. After a study of the record and

Ritter v. Sinclair

Court: Supreme Court of Florida | Date Filed: 1944-03-10

Citation: 17 So. 2d 97, 154 Fla. 272, 1944 Fla. LEXIS 677

Snippet: was filed to conform with the statutory form in 923.03, F.S.'41, F.S.A. Petitioner insists that the charge

Freed Freed v. Miami Beach Pier Corporation

Court: Supreme Court of Florida | Date Filed: 1927-04-15

Citation: 112 So. 841, 93 Fla. 888

Snippet: Montgomery v. Shaver, 40 Or. 244, 66 Pac. Rep. 923; 3 Farnham on Waters, p. 2543, Paragraphs 873-4; Stuart