Florida Statute 913.8 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 913
TRIAL JURY

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F.S. 913.08

913.08 Number of peremptory challenges.—

(1) The state and the defendant shall each be allowed the following number of peremptory challenges:

(a) Ten, if the offense charged is punishable by death or imprisonment for life;

(b) Six, if the offense charged is punishable by imprisonment for more than 12 months but is not punishable by death or imprisonment for life;

(2) If two or more defendants are tried jointly, each defendant shall be allowed the number of peremptory challenges specified in subsection (1), and the state shall be allowed as many challenges as are allowed to all of the defendants.

History.—s. 189, ch. 19554, 1939; CGL 1940 Supp. 8663(196); s. 86, ch. 70-339.

F.S. 913.08 on Google Scholar

F.S. 913.08 on CourtListener

Amendments to 913.08

Annotations, Discussions, Cases:

Cases Citing Statute 913.08

Total Results: 29

State v. Neil

457 So. 2d 481, 53 U.S.L.W. 2200

Supreme Court of Florida | Filed: Sep 27, 1984 | Docket: 57237

Cited 365 times | Published

peremptory challenges, which parity still exists. § 913.08, Fla. Stat. (1983). [2] McCray also had filed

Victorino v. State

23 So. 3d 87, 34 Fla. L. Weekly Supp. 645, 2009 Fla. LEXIS 1954, 2009 WL 4061285

Supreme Court of Florida | Filed: Nov 25, 2009 | Docket: 1657703

Cited 35 times | Published

all of the defendants,” rule 3.350(b). See also § 913.08, Fla. Stat. (2005). Victorino does not argue based

Busby v. State

894 So. 2d 88, 2004 WL 2471387

Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 1768188

Cited 31 times | Published

death), and three for all other offenses. See § 913.08(1), Fla. Stat. (2003). The statute does not enumerate

Kibler v. State

546 So. 2d 710, 1989 WL 65510

Supreme Court of Florida | Filed: Jun 15, 1989 | Docket: 1443076

Cited 29 times | Published

peremptory challenges, they are specifically limited. § 913.08, Fla. Stat. (1987). The picking of a jury is an

Wilson v. State

304 So. 2d 119

Supreme Court of Florida | Filed: Nov 27, 1974 | Docket: 1437591

Cited 25 times | Published

judge's ruling upholding the constitutionality of § 913.08(1)(a), F.S., and F.R.Cr.P. 3.350(a). Appellant

Kelley v. State

212 So. 2d 27

District Court of Appeal of Florida | Filed: May 1, 1968 | Docket: 1513474

Cited 23 times | Published

entitled to sixteen peremptory challenges under Section 913.08, Florida Statutes, F.S.A. The trial court found

Kopsho v. State

959 So. 2d 168, 2007 WL 1499007

Supreme Court of Florida | Filed: May 24, 2007 | Docket: 1525678

Cited 14 times | Published

peremptory challenges to strike Mullinax. See § 913.08(1)(a), Fla. Stat. (2000). The fact that Kopsho

McCollum v. State

74 So. 2d 74, 47 A.L.R. 2d 1218, 1954 Fla. LEXIS 1088

Supreme Court of Florida | Filed: Jul 20, 1954 | Docket: 1269412

Cited 14 times | Published

challenges allowed by law in a capital case, section 913.08, Florida Statutes 1951, F.S.A., the defendant

Cox v. State

764 So. 2d 711, 2000 WL 775584

District Court of Appeal of Florida | Filed: Jun 19, 2000 | Docket: 3308

Cited 11 times | Published

peremptory challenges each. The statute applicable, section 913.08, provides in pertinent part: (1) The state

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

Adoption. The suggested rule is a transcription of section 913.08, Florida Statutes, excluding subdivision (5)

Roy Allen Stewart v. Richard L. Dugger, as Secretary, Department of Corrections, State of Florida

847 F.2d 1486, 1988 U.S. App. LEXIS 7825, 1988 WL 58554

Court of Appeals for the Eleventh Circuit | Filed: Jun 9, 1988 | Docket: 814035

Cited 9 times | Published

jurors without any stated reason. Fla.Stat.Ann. § 913.08 (West 1985); Fla.R.Crim.P. 3.350 (West 1975 and

Koenig v. State

497 So. 2d 875

District Court of Appeal of Florida | Filed: Dec 2, 1986 | Docket: 1240394

Cited 9 times | Published

defendant's peremptory challenge right guaranteed by Section 913.08, Florida Statutes (1983),[4] and Florida Rule

Branch v. State

212 So. 2d 29

District Court of Appeal of Florida | Filed: Jul 26, 1968 | Docket: 1513499

Cited 9 times | Published

entitled to sixteen peremptory challenges under Section 913.08, Florida Statutes, F.S.A. Ninety-five veniremen

Collins v. State

197 So. 2d 574

District Court of Appeal of Florida | Filed: Mar 15, 1967 | Docket: 235303

Cited 9 times | Published

testimony and that of other witnesses. [3] F.S. Section 913.08 F.S.A. provides: "The state and the defendant

Johnson v. State

222 So. 2d 191

Supreme Court of Florida | Filed: Apr 23, 1969 | Docket: 1774266

Cited 8 times | Published

Court held that appellant was entitled under F.S. § 913.08(2), F.S.A. to receive only the six peremptory

Smellie v. State

720 So. 2d 1131, 1998 WL 765342

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 1718901

Cited 4 times | Published

briefly address each. As to the first issue, section 913.08(1), Florida Statutes (1997), provides in relevant

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc.

180 So. 3d 89

Supreme Court of Florida | Filed: Dec 4, 2014 | Docket: 2611590

Cited 2 times | Published

strikes provided for a capital case. See § 913.08(l)(a), Fla. Stat. (2005). : B. Ineffectiveness

Andrews v. State

438 So. 2d 480

District Court of Appeal of Florida | Filed: Sep 27, 1983 | Docket: 1445413

Cited 2 times | Published

Expand pool of eligible jurors, (B) Revise Florida Statute 913.08 by reducing the number of peremptory challenges

Buchanan v. State

927 So. 2d 209, 2005 WL 3981633

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1764870

Cited 1 times | Published

charged is a misdemeanor. Fla. R.Crim. P. 3.350. Section 913.08 of the Florida Statutes (2005) is in accord:

Ruibens Salomon v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998652

Published

concurring in part and concurring in result); see § 913.08, Fla. Stat. (2021) (establishing a statutory right

Randall T. Deviney v. State of Florida

Supreme Court of Florida | Filed: May 6, 2021 | Docket: 59885766

Published

ten peremptory challenges provided for by section 913.08, Florida Statutes (2017), so that the trial

Kenneth R. Jackson v. State of Florida

213 So. 3d 754, 42 Fla. L. Weekly Supp. 361, 2017 WL 1090546, 2017 Fla. LEXIS 648

Supreme Court of Florida | Filed: Mar 23, 2017 | Docket: 4620937

Published

Peremptory Challenges Jackson alleges that section 913.08, Florida Statutes (2007), which governs peremptory

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc. Corrected Opinion

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816845

Published

preemptory strikes provided for a capital case. See § 913.08(1)(a), Fla. Stat. (2005). B. Ineffectiveness

LaVALLEY v. State

30 So. 3d 513, 2010 Fla. App. LEXIS 3910, 2009 WL 4874760

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1639536

Published

collateral crime evidence. We affirm. Pursuant to section 913.08(1), Florida Statutes (2006), and Florida Rule

Whitaker v. State

784 So. 2d 448, 1999 Fla. App. LEXIS 9708, 1999 WL 510773

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 64805173

Published

prescribed by Section 913.08(1), Florida Statutes (1997). We disagree. Section 913.08(1) provides: (1)

Livingston v. State

512 So. 2d 223, 1987 Fla. App. LEXIS 9650, 12 Fla. L. Weekly 1878

District Court of Appeal of Florida | Filed: Aug 5, 1987 | Docket: 64629249

Published

In Meade v. State, supra, which discussed F.S. § 913.08 the court consider*225ing consolidated cases held

Johnson v. State

206 So. 2d 673, 1968 Fla. App. LEXIS 6098

District Court of Appeal of Florida | Filed: Feb 2, 1968 | Docket: 64503923

Published

The statute to which we refer is Fla. Stats., § 913.08, F.S.A. It provides: “913.08 Number of peremptory

Costantino v. State

203 So. 2d 647, 1967 Fla. App. LEXIS 4488

District Court of Appeal of Florida | Filed: Oct 24, 1967 | Docket: 64502825

Published

323. The appellant has also argued that under § 913.08(2) Florida Statutes, F.S.A., he should have been

Blackwelder v. State

100 So. 2d 834

District Court of Appeal of Florida | Filed: Feb 27, 1958 | Docket: 60189367

Published

Certiorari is sought to review that action. Section 913.08, Florida Statutes, F.S.A., provides that the