The Florida Senate

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.