Florida Statute 913.10 - 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. 913.10

913.10 Number of jurors.—Twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases.

History.—s. 191, ch. 19554, 1939; CGL 1940 Supp. 8663(198); s. 87, ch. 70-339.

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Amendments to 913.10

Annotations, Discussions, Cases:

Cases Citing Statute 913.10

Total Results: 40

Donaldson v. Sack

265 So. 2d 499

Supreme Court of Florida | Filed: Jul 17, 1972 | Docket: 1724271

Cited 60 times | Published

pregnant woman; 3.191, Speedy Trial. [6] Fla. Stat. § 913.10, F.S.A. [7] Portee v. State, 253 So.2d 866 (Fla

State v. Griffith

561 So. 2d 528, 1990 WL 40363

Supreme Court of Florida | Filed: Mar 29, 1990 | Docket: 2516835

Cited 25 times | Published

quash in part the district court's decision. Section 913.10, Florida Statutes (1985), and Florida Rule

Cabberiza v. Moore

217 F.3d 1329, 2000 U.S. App. LEXIS 15877, 2000 WL 955423

Court of Appeals for the Eleventh Circuit | Filed: Jul 11, 2000 | Docket: 212426

Cited 22 times | Published

twelve jurors, see Fla. Stat. Ann. § 913.10 (West 1996), even though they were not facing

Cabberiza v. Moore

217 F.3d 1329

Court of Appeals for the Eleventh Circuit | Filed: Jul 11, 2000 | Docket: 1118723

Cited 12 times | Published

entitled to twelve jurors, see Fla. Stat. Ann. § 913.10 (West 1996), even though they were not facing

Palazzolo v. State

754 So. 2d 731, 2000 WL 201790

District Court of Appeal of Florida | Filed: Jan 12, 2000 | Docket: 430885

Cited 12 times | Published

the State does not seek the death penalty. See § 913.10, Fla. Stat. (1997); Fla. R.Crim. P. 3.270. [3]

Chateloin v. Singletary

89 F.3d 749, 1996 U.S. App. LEXIS 18372, 1996 WL 388399

Court of Appeals for the Eleventh Circuit | Filed: Jul 26, 1996 | Docket: 332949

Cited 12 times | Published

twelve-person jury in all capital cases. Fla.Stat.Ann. § 913.10 (West 1985). Where the state waives its right

Fischer v. State

429 So. 2d 1309

District Court of Appeal of Florida | Filed: Apr 14, 1983 | Docket: 1667563

Cited 11 times | Published

determine the number beyond that. Florida Statutes, Section 913.10 provides for twelve person juries to try capital

City of Jacksonville v. Smith

159 So. 3d 888, 2015 Fla. App. LEXIS 2703, 2015 WL 798154

District Court of Appeal of Florida | Filed: Feb 26, 2015 | Docket: 60246704

Cited 10 times | Published

domain cases over other civil actions, .... ”). . § 913.10, Fla. Stat. ("Twelve persons shall constitute

Newton v. State

178 So. 2d 341

District Court of Appeal of Florida | Filed: Jul 15, 1965 | Docket: 1326439

Cited 10 times | Published

or disqualified to perform their duties. * * *" § 913.10(2), Fla.Stats., F.S.A. [6] See Bailey v. Deverick

Gonzalez v. State

982 So. 2d 77, 2008 WL 1883981

District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1205815

Cited 9 times | Published

not fewer than six, shall be fixed by law." Section 913.10, Florida Statutes (2006), is the current law

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

" the suggested rule is a transcription of section 913.10, Florida Statutes. The standing committee on

Cooper v. State

453 So. 2d 67

District Court of Appeal of Florida | Filed: Mar 2, 1984 | Docket: 1651235

Cited 8 times | Published

or indictment by a grand jury. .. ." Also, Section 913.10, Florida Statutes (1981), and Fla.R.Crim.P

Alfonso v. State

528 So. 2d 383, 1988 WL 4525

District Court of Appeal of Florida | Filed: Jan 26, 1988 | Docket: 1717443

Cited 7 times | Published

State, 500 So.2d 1367 (Fla. 1st DCA 1987). Section 913.10, Florida Statutes (1985), and Florida Rule

Hogan v. State

427 So. 2d 202

District Court of Appeal of Florida | Filed: Jan 12, 1983 | Docket: 1151685

Cited 6 times | Published

11 years or younger is a capital felony.[1] Section 913.10, Florida Statutes (1981), and Florida Rule

Groomes v. State

401 So. 2d 1139

District Court of Appeal of Florida | Filed: Jul 21, 1981 | Docket: 665493

Cited 6 times | Published

Ed.2d 446 (1970), the Supreme Court upheld Section 913.10, Florida Statutes (1967) providing for a six-person

Roth v. State

385 So. 2d 114

District Court of Appeal of Florida | Filed: Jun 10, 1980 | Docket: 1700400

Cited 6 times | Published

tried by a twelve-person jury as provided by Section 913.10, Florida Statutes (1973) and Florida Rule of

Griffith v. State

548 So. 2d 244, 1989 WL 27899

District Court of Appeal of Florida | Filed: Mar 28, 1989 | Docket: 1699269

Cited 4 times | Published

to forego the twelve-person jury required by section 913.10, Florida Statutes (1985) and Florida Rule of

Rusaw v. State

429 So. 2d 1378

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 1221853

Cited 4 times | Published

ordering a trial by a six-person jury since both section 913.10, Florida Statutes (1981), and Florida Rule

Hall v. State

853 So. 2d 546, 2003 WL 22023448

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1660245

Cited 3 times | Published

number of jurors ... shall be fixed by law." Section 913.10, Florida Statutes, and Florida Rule of Criminal

Jimenez v. State

167 So. 3d 497, 2015 Fla. App. LEXIS 9225, 2015 WL 3759586

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2665797

Cited 2 times | Published

shall be fixed by law”) (emphasis added); § 913.10, Fla. Stat. (2010) (“Twelve persons shall constitute

Walling v. State

105 So. 3d 660, 2013 WL 335929, 2013 Fla. App. LEXIS 1384

District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60227958

Cited 2 times | Published

was entitled to a twelve-member jury under section 913.10, Florida Statutes (2011); 2) whether his confession

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-02

137 So. 3d 995, 2014 WL 1622183

Supreme Court of Florida | Filed: Apr 24, 2014 | Docket: 795792

Cited 1 times | Published

duty. Definitions for enhanced penalty. § 913.10, Fla. Stat. “Law enforcement officer” means

Smith v. State

857 So. 2d 268, 2003 Fla. App. LEXIS 13891, 2003 WL 22103329

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 64825868

Cited 1 times | Published

fixed by law.” The legislature has enacted section 913.10, Florida Statutes to provide that, “Twelve

Howell v. State

687 So. 2d 1339, 1997 Fla. App. LEXIS 368, 1997 WL 39599

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 64771158

Cited 1 times | Published

offense of third-degree felony murder. We affirm. Section 913.10, Florida Statutes (1995), provides that “[tjwelve

Hearns v. State

223 So. 2d 738

Supreme Court of Florida | Filed: Jun 11, 1969 | Docket: 369560

Cited 1 times | Published

tried by a jury composed of six persons. F.S. Section 913.10(1), F.S.A. Rule 1.270, Florida Rules of Criminal

Brandon J. Bartels v. State of Florida

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186680

Published

jury for all capital offenses. He notes that section 913.10, Florida Statutes (2024), provides that “[t]welve

Milot Richards v. the State of Florida

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347193

Published

JJ. PER CURIAM. Affirmed. See § 913.10, Fla. Stat. (2021) (“Twelve persons shall constitute

SERRANO-DELGADO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 68448526

Published

case" requiring a twelve-person jury under section 913.10, Florida Statutes (2020). Death was not a permissible

LUIS MORALES-ALAFFITA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 65389449

Published

same argument on appeal. Pursuant to section 913.10, Florida Statutes (2022), all capital cases

WILLIE JAMES SIMPSON vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 4, 2023 | Docket: 68034370

Published

constitute a jury to try all other criminal cases.” § 913.10, Fla. Stat.; see also Fla. R. Crim. P. 3.270.

AIDEN S. FUCCI vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 28, 2023 | Docket: 67699878

Published

statute defines an offense as a capital crime, section 913.10 does not require a twelve-person jury if federal

State v. Wong

271 So. 3d 74

District Court of Appeal of Florida | Filed: Feb 7, 2019 | Docket: 14539004

Published

500 So. 2d 1367 (Fla. 1st DCA 1987). Section 913.10, Florida

Troy Lessard v. State of Florida

District Court of Appeal of Florida | Filed: Dec 12, 2017 | Docket: 6240926

Published

constitute a jury to try all other criminal cases.” § 913.10, Fla. Stat. (2017).

Anthony Michael Ortiz v. State of Florida

188 So. 3d 113, 2016 WL 1295073, 2016 Fla. App. LEXIS 5169

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3050460

Published

pursuant to section 782.04(1)(a), and that section 913.10 mandates a 12-person jury in “all capital

Jimenez v. State

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2667777

Published

six, shall be fixed by law”) (emphasis added); § 913.10, Fla. Stat. (2010) (“Twelve persons shall constitute

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-03

146 So. 3d 1110, 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171079

Published

Definitions for enhanced penalty. § 913.10, Fla. Stat. “Law enforcement officer” means

Smart v. State

695 So. 2d 448, 1997 Fla. App. LEXIS 6169, 1997 WL 291323

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 64774212

Published

of twenty-five years. This appeal followed. Section 913.10, Florida Statutes, provides that “[tjwelve

Griffith v. State

548 So. 2d 244, 14 Fla. L. Weekly 781, 1989 Fla. App. LEXIS 1579

District Court of Appeal of Florida | Filed: Mar 28, 1989 | Docket: 64644622

Published

to forego the twelve-person jury required by section 913.10, Florida Statutes (1985) and Florida Rule of

Groomes v. State

401 So. 2d 1139, 1981 Fla. App. LEXIS 20598

District Court of Appeal of Florida | Filed: Jul 21, 1981 | Docket: 64584340

Published

Ed.2d 446 (1970), the Supreme Court upheld Section 913.10, Florida Statutes (1967) providing for a six-person

O'Malley v. Wainwright

237 So. 2d 813, 1970 Fla. App. LEXIS 6233

District Court of Appeal of Florida | Filed: Jul 17, 1970 | Docket: 64515890

Published

shall not be less than six in any case.” F.S. § 913.10, F.S.A. provides that — “Twelve men shall constitute