Florida Statute 936.003 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 936
INQUESTS OF THE DEAD

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F.S. 936.003

936.003 Procedure.—

(1) The state attorney may petition the county court in the county in which the body was found to hold an inquest into any death for which an examination, investigation, or autopsy is required to be performed by the medical examiner pursuant to the provisions of s. 406.11 when there is a question of the involvement of a criminal act, criminal negligence, or foul play in the death. The county court judge presiding at the inquest shall be deemed coroner only insofar as she or he is empowered to thus preside. Except as provided in this subsection, all duties and responsibilities of a coroner provided by law shall be vested in a medical examiner regulated pursuant to the provisions of chapter 406.

(2) Upon receipt of the petition of the state attorney, the county court judge shall schedule the time and place of the inquest. The county court judge shall send her or his warrant for witnesses, to be served by a sheriff, commanding the witnesses to come to the inquest to be examined and to declare their knowledge concerning the death. Any witness appearing at, or summoned to appear at, an inquest shall be entitled to the same compensation as that provided by law for witnesses in any criminal proceeding held in the county.

(3) After the evidence has been presented, the court shall deliver a verdict stating whether or not there exists probable cause to believe that the death was the result of a criminal act, criminal negligence, or foul play. The verdict shall also state the name of the person or persons believed to be responsible for the death, if reasonably known.

(4) All inquests shall be open to the public.

History.—ss. 1, 2, ch. 77-294; s. 297, ch. 79-400; s. 1588, ch. 97-102.

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Amendments to 936.003

Arrestable Offenses / Crimes under Fla. Stat. 936.003

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 936.003.

Annotations, Discussions, Cases:

Cases Citing Statute 936.003

Total Results: 8

Dale Norman v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-02-18

Citation: 159 So. 3d 205, 2015 Fla. App. LEXIS 2178, 2015 WL 669582

Snippet: 1153 (quoting Moore, 702 F.3d at 936). 3 b. The Nature of the Infringement

Wallace v. Dean

Court: District Court of Appeal of Florida | Date Filed: 2007-11-30

Citation: 970 So. 2d 864, 2007 WL 4207178

Snippet: the decedent's behalf. See Pollock, 882 So.2d at 936. [3] Other courts have also rejected the argument

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-12-15

Snippet: same manner as other costs." Finally, section 936.003(2), Florida Statutes, provides for the calling

State v. Tsavaris

Court: District Court of Appeal of Florida | Date Filed: 1980-03-06

Citation: 382 So. 2d 56

Snippet: position of a law enforcement officer. Section 936.003(1), Florida Statutes (1979), does provide that

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-03-15

Snippet: Florida, providing that, except as provided in s. 936.003(1), F. S. (created by Ch. 77-294), all duties and

Gavagan v. Marshall

Court: Supreme Court of Florida | Date Filed: 1948-02-13

Citation: 33 So. 2d 862, 160 Fla. 154, 1948 Fla. LEXIS 631

Snippet: alternative writ further recited that "the said Section 936.03, F.S.A., known also as Section 3 of Chapter 21965

State Ex Rel. Brown v. Duckworth

Court: Supreme Court of Florida | Date Filed: 1943-11-30

Citation: 15 So. 2d 668, 153 Fla. 739, 1943 Fla. LEXIS 752

Snippet: body and inquire into the cause of death. Section 936.03,supra. Section 6 of Article VIII of the Constitution

Langford v. Langford

Court: Supreme Court of Florida | Date Filed: 1921-04-21

Citation: 81 Fla. 572, 88 So. 319

Snippet: 813; Williams v. Pitt, 38 Fla. 162, 20 South. Rep. 936; 3 Ency. Pl. & Pr. p. 498. The' case was tried and