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Florida Statute 923.03 - Full Text and Legal Analysis
Florida Statute 923.03 | Lawyer Caselaw & Research
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The 2025 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.

(c) As to third degree murder:

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 CourtListener

Amendments to 923.03


Annotations, Discussions, Cases:

Cases Citing Statute 923.03

Total Results: 13

Darty v. State

161 So. 2d 864

District Court of Appeal of Florida | Filed: Mar 4, 1964 | Docket: 426805

Cited 24 times | Published

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

Shifrin v. State

210 So. 2d 18

District Court of Appeal of Florida | Filed: May 10, 1968 | Docket: 1468759

Cited 5 times | Published

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

Eagan v. DeManio

294 So. 2d 639

Supreme Court of Florida | Filed: May 15, 1974 | Docket: 1736385

Cited 4 times | Published

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

Taylor v. State

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

Supreme Court of Florida | Filed: Jun 29, 1945 | Docket: 3270686

Cited 3 times | Published

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

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

312 So. 2d 788

District Court of Appeal of Florida | Filed: May 14, 1975 | Docket: 1412398

Cited 1 times | Published

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

Williams v. State

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

District Court of Appeal of Florida | Filed: Aug 3, 1998 | Docket: 64782036

Published

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

State v. Mandell

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

District Court of Appeal of Florida | Filed: Jun 3, 1992 | Docket: 64667874

Published

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

Morffy v. State

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

District Court of Appeal of Florida | Filed: Oct 25, 1988 | Docket: 64638883

Published

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

State v. Harden

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

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 64576407

Published

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

State v. Hill

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

District Court of Appeal of Florida | Filed: Mar 12, 1968 | Docket: 64504501

Published

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

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

District Court of Appeal of Florida | Filed: Oct 5, 1965 | Docket: 64494235

Published

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

Bazarte v. State

117 So. 2d 227

District Court of Appeal of Florida | Filed: Dec 30, 1959 | Docket: 60194088

Published

information charging perjury is set out in Section 923.03, Florida Statutes, F.S.A., as follows: “923

State v. Fabian

97 So. 2d 178

District Court of Appeal of Florida | Filed: Nov 20, 1957 | Docket: 64489469

Published

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