May 24, 2018
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The Florida Statutes

The 2010 Florida Statutes(including Special Session A)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 923
FORM OF INDICTMENT AND OTHER FORMS
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CHAPTER 923
CHAPTER 923
FORM OF INDICTMENT AND OTHER FORMS
923.01 Criminal report.
923.02 Notice of setting case for trial.
923.03 Indictment and information.
923.01 Criminal report.Each committing trial court judge at the time commitment papers are sent by her or him to the proper trial court, and the sheriff when an arrest is made, other than on a capias, shall transmit to the prosecuting attorney of the trial court having jurisdiction, a report in the following form:

CRIMINAL REPORT

Date: ____ Name and address of defendant: ____ Age: ____. If under 18, give name and address of parent, next friend, or guardian: ____ Name of offense, such as murder, assault, robbery, etc.: ____ Date and place where committed: ____ Value of property stolen: ____ Kind of property stolen: ____ Kind of building robbed: ____ Name and address of owner of property stolen or building robbed: ____ Name and address of occupant of building robbed: ____ Name of party assaulted or murdered: ____ Weapon used in assault or murder: ____ Exhibits taken at scene of crime or from defendant: ____ Name of custodian of such exhibits: ____ Location of building or place where offense committed: ____ Previous prison record of defendant: ____ Has defendant been arrested: ____ Does defendant desire to plead guilty: ____ Names and addresses of state witnesses: ____ Name of defendant’s lawyer: ____ If defendant is released on bond, names and addresses of sureties: ____ Brief statement of facts: ____ Name of committing trial court judge: ____ If additional space required, use reverse side of this sheet.

  (Signature of party making this report.)  

History.s. 277, ch. 19554, 1939; CGL 1940 Supp. 8663(287); s. 70, ch. 77-121; s. 1551, ch. 97-102; s. 34, ch. 2004-11.
923.02 Notice of setting case for trial.The judge of any trial court may adopt as a rule of her or his court a rule requiring that at least 4 days before the sounding of the docket in criminal cases in any trial court, the clerk of said court shall send by United States mail, to the defendant, the defendant’s sureties, and the defendant’s attorney, if known, a notice in postcard form, reading as follows:

THE STATE OF FLORIDA

vs. __________

NOTICE OF FILING INFORMATION

TO:__________

You are hereby notified that an information (indictment) charging you with the offense of ____ has been filed in the office of ____ in and for ____ County; and you are required to appear in the ____ court in and for ____ County at the Courthouse in ____ on ____ (date) for arraignment, plea and trial, or setting for trial in default of which your bond will be estreated, for failure to appear.

  (Prosecuting Officer)  .

If such rule is adopted by any court and the rule is not complied with by the clerk the failure so to comply with the rule shall not constitute reversible error nor affect the obligations of the bond.

History.s. 278, ch. 19554, 1939; CGL 1940 Supp. 8663(288); s. 1552, ch. 97-102.
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.
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