Florida Rules of Criminal Procedure

I. Scope, Purpose, and Construction

• Rule 3.010. Scope
• Rule 3.020. Purpose and Construction
• Rule 3.025. State and Prosecuting Attorney Defined

II. General Provisions

• Rule 3.030. Service of Pleadings and Papers
• Rule 3.040. Computation of Time
• Rule 3.050. Enlargement of Time
• Rule 3.060. Time for Service of Motions and Notice of Hearing
• Rule 3.070. Additional Time After Service by Mail, When Permitted, or E-mail
• Rule 3.080. Nonverification of Pleadings
• Rule 3.090. Pleading Captions
• Rule 3.111. Providing Counsel to Indigents
• Rule 3.112. Minimum Standards for Attorneys in Capital Cases
• Rule 3.113. Minimum Standards for Attorneys in Felony Cases
• Rule 3.115. Duties of State Attorney; Criminal Intake

III. Preliminary Proceedings

• Rule 3.120. Committing Judge
• Rule 3.121. Arrest Warrant
• Rule 3.125. Notice to Appear
• Rule 3.130. First Appearance
• Rule 3.131. Pretrial Release
• Rule 3.132. Pretrial Detention
• Rule 3.133. Pretrial Probable Cause Determinations and Adversary Preliminary Hearings
• Rule 3.134. Time for Filing Formal Charges
• Rule 3.140. Indictments; Informations
• Rule 3.150. Joinder of Offenses and Defendants
• Rule 3.151. Consolidation of Related Offenses
• Rule 3.152. Severance of Offenses and Defendants
• Rule 3.153. Timeliness of Defendant's Motion; Waiver

IV. Arraignment and Pleas

• Rule 3.160. Arraignment
• Rule 3.170. Pleas
• Rule 3.171. Plea Discussions and Agreements
• Rule 3.172. Acceptance of Guilty or Nolo Contendere Plea
• Rule 3.180. Presence of Defendant
• Rule 3.181. Notice to Seek Death Penalty

V. Pretrial Motions and Defenses

• Rule 3.190. Pretrial Motions
• Rule 3.191. Speedy Trial
• Rule 3.192. Motions for Rehearing
• Rule 3.200. Notice of Alibi
• Rule 3.201. Battered-Spouse Syndrome Defense
• Rule 3.202. Expert Testimony of Mental Mitigation During Penalty Phase of Capital Trial
• Rule 3.203. Defendant's Intellectual Disability as a Bar to Imposition of the Death Penalty
• Rule 3.210. Incompetence to Proceed: Procedure for Raising the Issue
• Rule 3.211. Competence to Proceed: Scope of Examination and Report
• Rule 3.212. Competence to Proceed: Hearing and Disposition
• Rule 3.213. Continuing Incompetency to Proceed... Disposition
• Rule 3.214. Incompetency to Proceed to Sentencing: Disposition
• Rule 3.215. Effect of Adjudication of Incompetency to Proceed: Psychotropic Medication
• Rule 3.216. Insanity at Time of Offense... Notice and Appointment of Experts
• Rule 3.217. Judgment of Not Guilty by Reason of Insanity: Disposition of Defendant
• Rule 3.218. Commitment of a Defendant Found Not Guilty by Reason of Insanity
• Rule 3.219. Conditional Release

VI. Discovery

• Rule 3.220. Discovery

VII. Substitution of Judge

• Rule 3.231. Substitution of Judge

VIII. Change of Venue

• Rule 3.240. Change of Venue

IX. The Trial

• Rule 3.250. Accused as Witness
• Rule 3.251. Right to Trial by Jury
• Rule 3.260. Waiver of Jury Trial
• Rule 3.270. Number of Jurors
• Rule 3.280. Alternate Jurors
• Rule 3.281. List of Prospective Jurors
• Rule 3.290. Challenge to Panel
• Rule 3.300. Voir Dire Examination, Oath, and Excusing of Member
• Rule 3.310. Time for Challenge
• Rule 3.315. Exercise of Challenges
• Rule 3.320. Manner of Challenge
• Rule 3.330. Determination of Challenge for Cause
• Rule 3.340. Effect of Sustaining Challenge
• Rule 3.350. Peremptory Challenges
• Rule 3.360. Oath of Trial Jurors
• Rule 3.361. Witness Attendance and Subpoenas

X. Conduct of Trial; Jury Instructions

• Rule 3.370. Regulation and Separation of Jurors
• Rule 3.371. Juror Questions of Witnesses
• Rule 3.372. Juror Notebooks
• Rule 3.380. Motion for Judgment of Acquittal
• Rule 3.381. Final Arguments
• Rule 3.390. Jury Instructions
• Rule 3.391. Selection of Foreperson of Jury
• Rule 3.400. Materials to the Jury Room
• Rule 3.410. Jury Request to Review Evidence or for Additional Instructions
• Rule 3.420. Recall of Jury for Additional Instructions
• Rule 3.430. Jury Not Recallable to Hear Additional Evidence

XI. The Verdict

• Rule 3.440. Rendition of Verdict; Reception and Recording
• Rule 3.450. Polling the Jury
• Rule 3.451. Judicial Comment on Verdict
• Rule 3.470. Proceedings on Sealed Verdict
• Rule 3.490. Determination of Degree of Offense
• Rule 3.500. Verdict of Guilty Where More Than One Count
• Rule 3.505. Inconsistent Verdicts
• Rule 3.510. Determination of Attempts and Lesser Included Offenses
• Rule 3.520. Verdict in Case of Joint Defendants
• Rule 3.530. Reconsideration of Ambiguous or Defective Verdict
• Rule 3.540. When Verdict May Be Rendered
• Rule 3.550. Disposition of Defendant
• Rule 3.560. Discharge of Jurors
• Rule 3.570. Irregularity in Rendition, Reception, and Recording of Verdict
• Rule 3.575. Motion to Interview Juror

XII. Post-Trial Motions

• Rule 3.580. Court May Grant New Trial
• Rule 3.590. Time for and Method of Making Motions; Procedure; Custody Pending Hearing
• Rule 3.600. Grounds for New Trial
• Rule 3.610. Motion for Arrest of Judgment; Grounds
• Rule 3.620. When Evidence Sustains Only Conviction of Lesser Offense
• Rule 3.630. Sentence Before or After Motion Filed
• Rule 3.640. Effect of Granting New Trial

XIII. Judgment

• Rule 3.650. Judgment Defined
• Rule 3.670. Rendition of Judgment
• Rule 3.680. Judgment on Informal Verdict
• Rule 3.690. Judgment of Not Guilty; Defendant Discharged and Sureties Exonerated
• Rule 3.691. Post-Trial Release
• Rule 3.692. Petition to Seal or Expunge

XIV. Sentence

• Rule 3.700. Sentence Defined; Pronouncement and Entry; Sentencing Judge
• Rule 3.701. Sentencing Guidelines
• Rule 3.702. Sentencing Guidelines (1994)
• Rule 3.703. Sentencing Guidelines (1994 as Amended)
• Rule 3.704. The Criminal Punishment Code
• Rule 3.710. Presentence Report
• Rule 3.711. Presentence Report: When Prepared
• Rule 3.712. Presentence Report: Disclosure
• Rule 3.713. Presentence Investigation Disclosure: Parties
• Rule 3.720. Sentencing Hearing
• Rule 3.721. Record of the Proceedings
• Rule 3.730. Issuance of Capias When Necessary to Bring Defendant Before Court
• Rule 3.750. Procedure When Pardon Is Alleged as Cause for Not Pronouncing Sentence
• Rule 3.760. Procedure When Nonidentity Is Alleged as Cause for Not Pronouncing Sentence
• Rule 3.770. Procedure When Pregnancy Is Alleged as Cause for Not Pronouncing Death Sentence
• Rule 3.780. Sentencing Hearing for Capital Cases
• Rule 3.781. Sentencing Hearing to Consider the Imposition of a Life Sentence for Juvenile Offenders
• Rule 3.790. Probation and Community Control
• Rule 3.800. Correction, Reduction, and Modification of Sentences
• Rule 3.801. Correction of Jail Credit
• Rule 3.802. Review of Sentences for Juvenile Offenders

XV. Execution of Sentence

• Rule 3.810. Commitment of Defendant; Duty of Sheriff
• Rule 3.811. Insanity at Time of Execution: Capital Cases
• Rule 3.812. Hearing on Insanity at Time of Execution: Capital Cases
• Rule 3.820. Habeas Corpus

XVI. Criminal Contempt

• Rule 3.830. Direct Criminal Contempt
• Rule 3.840. Indirect Criminal Contempt

XVII. Postconviction Relief

• Rule 3.850. Motion to Vacate, Set Aside, or Correct Sentence
• Rule 3.851. Collateral Relief After Death Sentence Has Been Imposed and Affirmed on Direct Appeal
• Rule 3.852. Capital Postconviction Public Records Production
• Rule 3.853. Motion for Postconviction DNA Testing

XVIII. Forms

• Rule 3.984. Application for Criminal Indigent Status
• Rule 3.985. Standard Jury Instructions
• Rule 3.9855. Juror Voir Dire Questionnaire
• Rule 3.986. Forms Related to Judgment and Sentence
• Rule 3.987. Motion for Postconviction Relief
• Rule 3.9875. Motion for Jail Credit
• Rule 3.988. Sentencing Guidelines
• Rule 3.989. Affidavit, Petition, and Order to Expunge or Seal Forms
• Rule 3.990. Sentencing Guidelines Scoresheet
• Rule 3.991. Sentencing Guidelines Scoresheets (October 1, 1995)
• Rule 3.992. Criminal Punishment Code Scoresheet
• Rule 3.993. Forms Related to Capital Postconviction Records Production
• Rule 3.994. Order Certifying No Incarceration
• Rule 3.995. Order of Revocation of Probation/Community Control