CHAPTER 910

910.005 State criminal jurisdiction.

(1) A person is subject to prosecution in this state for an offense that she or he commits, while either within or outside the state, by her or his own conduct or that of another for which the person is legally accountable, if:

(2) An offense is committed partly within this state if either the conduct that is an element of the offense or the result that is an element, occurs within the state. In homicide, the “result” is either the physical contact that causes death, or the death itself; and if the body of a homicide victim is found within the state, the death is presumed to have occurred within the state.

(3) An offense that is based on an omission to perform a duty imposed by the law of this state is committed within the state, regardless of the location of the offender at the time of the omission.

History. — s. 72, ch. 70-339; s. 2, ch. 95-353; s. 1510, ch. 97-102.

910.006 State special maritime criminal jurisdiction.

(1) LEGISLATIVE FINDINGS AND INTENT. —

(2) DEFINITIONS. —

(3) SPECIAL MARITIME CRIMINAL JURISDICTION. —

(4) CRIMINAL PENALTY APPLICATION. —

(5) ENFORCEMENT LIMITATIONS. —

History. — s. 1, ch. 89-201; s. 1511, ch. 97-102.

910.01 Offenses committed partly in this state.

(1) If the commission of an offense commenced outside the state is consummated within this state, the offender shall be tried in the county where the offense is consummated.

(2) If the commission of an offense commenced within this state is consummated outside the state, the offender shall be tried in the county where the offense is commenced.

History. — RS 2360; GS 3185; RGS 5015; CGL 7117; s. 160, ch. 19554, 1939; CGL 1940 Supp. 8663(167); s. 73, ch. 70-339.

910.02 Offense committed while in transit.

History. — ss. 161, 166, 167, ch. 19554, 1939; CGL 1940 Supp. 8663(168), (173), (174); s. 74, ch. 70-339; s. 1512, ch. 97-102.

910.03 Place of trial generally.

(1) Except as provided in s. 910.035 or in subsection (2), criminal prosecutions shall be tried in the county where the offense was committed; but if the county is not known, the accused may be charged in two or more counties conjunctively, and before trial the accused may elect the county in which he or she will be tried. By his or her election, the accused waives the right to trial in the county in which the crime was committed. Such election shall have the force and effect of the granting of an application of the accused for change of venue from the county in which the offense was committed to the county in which the case is tried.

(2) After a court orders a change of venue and in order to protect the defendant’s due process rights, the court, upon a motion of any party, shall give priority to any county which closely resembles the demographic composition of the county wherein the original venue would lie.

(3) If a court finds that a fair and impartial jury cannot be impaneled in the county where the offense was committed, and the court determines that once a jury is selected it shall be sequestered, the court on its own motion, or upon a motion of any party, may elect to select a jury from a county other than where the offense was committed. The selection of the alternative county will be governed by the requirements of subsection (2). Upon completion of jury selection, the jury shall be brought for trial to the county where the offense was committed.

History. — s. 162, ch. 19554, 1939; CGL 1940 Supp. 8663(169); s. 75, ch. 70-339; s. 2, ch. 72-45; s. 1, ch. 93-225; s. 1, ch. 94-184; s. 1513, ch. 97-102.

910.035 Transfer from county for plea, sentence, or participation in a problem-solving court.

(1) INDICTMENT OR INFORMATION PENDING. —

(2) INDICTMENT OR INFORMATION NOT PENDING. —

(3) EFFECT OF NOT GUILTY PLEA. —

(4) APPEARANCE IN RESPONSE TO A SUMMONS. —

(5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT. —

History. — s. 1, ch. 72-45; s. 1514, ch. 97-102; s. 2, ch. 2001-48; s. 7, ch. 2006-97; s. 1, ch. 2015-178; s. 12, ch. 2016-127; s. 144, ch. 2019-167; s. 3, ch. 2021-240.

910.04 Where aider in one county and offense committed in another.

History. — s. 163, ch. 19554, 1939; CGL 1940 Supp. 8663(170); s. 76, ch. 70-339; s. 1515, ch. 97-102.

910.05 Where acts constituting one offense are committed in two or more counties.

History. — s. 164, ch. 19554, 1939; CGL 1940 Supp. 8663(171); s. 77, ch. 70-339.

910.06 Where person in one county commits offense in another.

History. — s. 165, ch. 19554, 1939; CGL 1940 Supp. 8663(172); s. 78, ch. 70-339.

910.09 Cause of death inflicted in one county and death occurs in another.

History. — s. 168, ch. 19554, 1939; CGL 1940 Supp. 8663(175); s. 79, ch. 70-339.

910.10 Where stolen property brought into another county.

History. — s. 169, ch. 19554, 1939; CGL 1940 Supp. 8663(176); s. 80, ch. 70-339; s. 1516, ch. 97-102.

910.11 Conviction or acquittal bar to prosecution.

(1) No person shall be held to answer on a second indictment, information, or affidavit for an offense for which the person has been acquitted. The acquittal shall be a bar to a subsequent prosecution for the same offense, notwithstanding any defect in the form or circumstances of the indictment, information, or affidavit.

(2) When a person may be tried for an offense in two or more counties, a conviction or acquittal in one county shall be a bar to prosecution for the same offense in another county.

History. — s. 170, ch. 19554, 1939; CGL 1940 Supp. 8663(177); s. 81, ch. 70-339; s. 1517, ch. 97-102.

910.12 Trial of aider.

History. — s. 5, ch. 1637, 1868; RS 2366; GS 3191; RGS 5021; CGL 7123; s. 82, ch. 70-339.

910.13 Accessory after the fact.

History. — s. 7, ch. 1637, 1868; RS 2367; GS 3192; RGS 5022; CGL 7124; s. 83, ch. 70-339; s. 1518, ch. 97-102.

910.14 Kidnapping.

History. — s. 44, ch. 1637, 1868; RS 2368; GS 3193; RGS 5023; CGL 7125; s. 84, ch. 70-339; s. 55, ch. 83-215; s. 2, ch. 93-156; s. 19, ch. 93-227; s. 1519, ch. 97-102.

910.15 Crimes facilitated by communication systems.

(1) A person charged with committing a crime facilitated by communication through use of the mail, telephone, or newspaper or by radio, television, Internet, or another means of electronic data communication may be tried in the county in which the dissemination originated, in which the dissemination was made, or in which any act necessary to consummate the offense occurred.

(2) For purposes of this section, if a communication is made by or made available through the use of the Internet, the communication was made in every county within the state.

History. — s. 1, ch. 80-25; s. 2, ch. 2001-99; s. 7, ch. 2007-143.

910.16 Venue; public meetings law violations.

History. — s. 3, ch. 95-353.