Florida Statutes

Fla. Stat. § 923.03 (2025)

Indictment and information.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1945–2021 · leading case: Darty v. State, 161 So. 2d 864 (Fla. 2d DCA 1964).

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Darty v. State, 161 So. 2d 864 (Fla. 2d DCA 1964). · cites it 2× “…Stat. 918.10(4), F.S.A.; Winnemore v. State, Fla.App. 1963, 150 So.2d 277, 280 . [2] Fla. Stat. § 906.05 , F.S.A.; Fla. Stat. § 923.03 (a), F.S.A.”

Shifrin v. State, 210 So. 2d 18 (Fla. 3d DCA 1968). · cites it 2× “Appellant requests the right to supplement the record in order to show that a proper and timely oral motion was made to quash the information on the specific ground that it failed to allege the true facts in regard to the claimed perjury.”

State v. Hill, 208 So. 2d 154 (Fla. 3d DCA 1968). · cites it 6× “The State Attorney is not empowered to enlarge or expand the contents of an indictment without resubmission of the cause to the Grand Jury; or (if abandoning the indictment as the basis for the information) he may file an information upon oath as set forth in 923.”

State v. Mandell, 599 So. 2d 1383 (Fla. 4th DCA 1992). · cites it 3× “” Section 923.03(2), Florida Statutes (1991), in turn, requires that the oath be made “before some person qualified to administer an oath.”

Morffy v. State, 534 So. 2d 733 (Fla. 3d DCA 1988). · cites it 2× “See also § 923.03(2), Fla.Stat. (1987). It is established that the failure of a prosecutor to correctly execute an information under oath, on timely motion, will result in reversal and discharge of a defendant.”

Eagan v. DeManio, 294 So. 2d 639 (Fla. 1974). “, § 923.03(2), F.S.A. Investigating activity is necessary to the efficient execution of a prosecutor's duty, and legislative recognition of this was evidenced by statutes authorizing state attorneys to employ investigators ( Fla.”

Giovanni Sairras v. Florida Dep't of Corr., 496 F. App'x 28 (11th Cir. 2012). “” Fla. Stat. § 923.03 (2) (2010). Again, we conclude from the record that the state court’s adjudication of this claim was reasonable because Sairras did not meet his burden of showing that his counsel’s performance was deficient.”

Williams v. State, 715 So. 2d 336 (Fla. 1st DCA 1998). · cites it 4× “, that by including the word “did” from the form information in section 923.03, Florida Statutes, the charging document “stated he ‘did ’ the crime”); that section 923.”

State v. Harden, 384 So. 2d 52 (Fla. 2d DCA 1980). · cites it 2× “The indictment for first degree murder is in substantial compliance with the statutory form which does not require designation of the victim or the accused as persons or human beings.”

State, Off. of State Atty. for 20th Jc v. Sievert, 312 So. 2d 788 (Fla. 2d DCA 1975). · cites it 2× “…in Appeal # 75-72 is denied. McNULTY, C.J., and HOBSON, J., concur. NOTES [1] Fla. Const. Art. V, § 17. [2] Fla. Stat. § 923.03 (2).”

Bazarte v. State, 117 So. 2d 227 (Fla. 2d DCA 1959). · cites it 2× “) It is true that a form of 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 (Fla. 2d DCA 1957). · cites it 2× “” Section 923.03, Florida Statutes, 1955, F.”

Show all 15 citing cases →

— 923.03(2) — 4 cases

State v. Hill, 208 So. 2d 154 (Fla. 3d DCA 1968). “The State Attorney is not empowered to enlarge or expand the contents of an indictment without resubmission of the cause to the Grand Jury; or (if abandoning the indictment as the basis for the information) he may file an information upon oath as set forth in 923.”

State v. Mandell, 599 So. 2d 1383 (Fla. 4th DCA 1992). “” Section 923.03(2), Florida Statutes (1991), in turn, requires that the oath be made “before some person qualified to administer an oath.”

Morffy v. State, 534 So. 2d 733 (Fla. 3d DCA 1988). “See also § 923.03(2), Fla.Stat. (1987). It is established that the failure of a prosecutor to correctly execute an information under oath, on timely motion, will result in reversal and discharge of a defendant.”

— 923.03(a) — 1 case

Taylor v. State, 22 So. 2d 639 (Fla. 1945).

— 923.03(d) — 1 case

State v. McGowan, 178 So. 2d 738 (Fla. 2d DCA 1965).

— 923.03(l)(a) — 1 case

State v. Harden, 384 So. 2d 52 (Fla. 2d DCA 1980). “The indictment for first degree murder is in substantial compliance with the statutory form which does not require designation of the victim or the accused as persons or human beings.”

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