(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.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 910 - Jurisdiction and Venue
910.005 - State Criminal Jurisdiction.
910.006 - State Special Maritime Criminal Jurisdiction.
910.01 - Offenses Committed Partly in This State.
910.02 - Offense Committed While in Transit.
910.03 - Place of Trial Generally.
910.035 - Transfer From County for Plea, Sentence, or Participation in a Problem-Solving Court.
910.04 - Where Aider in One County and Offense Committed in Another.
910.05 - Where Acts Constituting One Offense Are Committed in Two or More Counties.
910.06 - Where Person in One County Commits Offense in Another.
910.09 - Cause of Death Inflicted in One County and Death Occurs in Another.
910.10 - Where Stolen Property Brought Into Another County.
910.11 - Conviction or Acquittal Bar to Prosecution.
910.13 - Accessory After the Fact.