Florida Rules of Criminal Procedure Updated January 1, 2017

1 Florida Rules of Criminal Procedure Table of Contents CITATIONS TO OPINIONS ADOPTING OR AMENDING Rules .. 10 I. SCOPE, PURPOSE, AND CONSTRUCTION .. 14 RULE SCOPE .. 14 RULE PURPOSE AND CONSTRUCTION .. 15 RULE STATE AND PROSECUTING ATTORNEY DEFINED .. 15 II. GENERAL PROVISIONS .. 16 RULE SERVICE OF PLEADINGS AND PAPERS .. 16 RULE COMPUTATION OF TIME .. 16 RULE ENLARGEMENT OF TIME .. 17 RULE TIME FOR SERVICE OF MOTIONS AND NOTICE OF HEARING .. 18 RULE ADDITIONAL TIME AFTER SERVICE BY MAIL, WHEN PERMITTED, OR E-MAIL .. 18 RULE NONVERIFICATION OF PLEADINGS .. 18 RULE PLEADING CAPTIONS .. 19 RULE PROVIDING COUNSEL TO INDIGENTS .. 19 RULE MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES .. 26 RULE MINIMUM STANDARDS FOR ATTORNEYS IN FELONY CASES.

2 33 RULE DUTIES OF STATE ATTORNEY; Criminal INTAKE .. 34 III. PRELIMINARY PROCEEDINGS .. 34 RULE COMMITTING JUDGE .. 34 RULE ARREST WARRANT .. 35 RULE NOTICE TO APPEAR .. 36 RULE FIRST APPEARANCE .. 45 January 1, 2017 Florida Rules of Criminal Procedure 2 The Florida Bar RULE PRETRIAL RELEASE .. 47 RULE PRETRIAL 55 RULE PRETRIAL PROBABLE CAUSE DETERMINATIONS AND ADVERSARY PRELIMINARY HEARINGS .. 57 RULE TIME FOR FILING FORMAL CHARGES .. 62 RULE INDICTMENTS; INFORMATIONS .. 63 RULE JOINDER OF OFFENSES AND DEFENDANTS .. 75 RULE CONSOLIDATION OF RELATED 78 RULE SEVERANCE OF OFFENSES AND DEFENDANTS .. 79 RULE TIMELINESS OF DEFENDANT S MOTION; WAIVER .. 81 IV. ARRAIGNMENT AND PLEAS .. 82 RULE ARRAIGNMENT.

3 82 RULE PLEAS .. 85 RULE PLEA DISCUSSIONS AND AGREEMENTS .. 89 RULE ACCEPTANCE OF guilty OR NOLO CONTENDERE PLEA .. 92 RULE PRESENCE OF DEFENDANT .. 97 RULE NOTICE TO SEEK DEATH PENALTY .. 99 V. PRETRIAL MOTIONS AND DEFENSES .. 100 RULE PRETRIAL MOTIONS .. 100 RULE SPEEDY 107 RULE MOTIONS FOR REHEARING .. 117 RULE NOTICE OF ALIBI .. 117 RULE BATTERED-SPOUSE SYNDROME DEFENSE .. 119 RULE EXPERT TESTIMONY OF MENTAL MITIGATION DURING PENALTY PHASE OF CAPITAL TRIAL; NOTICE AND EXAMINATION BY STATE EXPERT .. 120 January 1, 2017 Florida Rules of Criminal Procedure 3 The Florida Bar RULE DEFENDANT S INTELLECTUAL DISABILITY AS A BAR TO IMPOSITION OF THE DEATH PENALTY .. 121 RULE INCOMPETENCE TO PROCEED: Procedure FOR RAISING THE ISSUE.

4 124 RULE COMPETENCE TO PROCEED: SCOPE OF EXAMINATION AND REPORT .. 130 RULE COMPETENCE TO PROCEED: HEARING AND DISPOSITION .. 135 RULE CONTINUING INCOMPETENCY TO PROCEED, EXCEPT INCOMPETENCY TO PROCEED WITH SENTENCING: DISPOSITION .. 142 RULE INCOMPETENCY TO PROCEED TO SENTENCING: DISPOSITION .. 145 RULE EFFECT OF ADJUDICATION OF INCOMPETENCY TO PROCEED: PSYCHOTROPIC MEDICATION .. 145 RULE insanity AT TIME OF OFFENSE OR PROBATION OR COMMUNITY CONTROL VIOLATION: NOTICE AND APPOINTMENT OF EXPERTS .. 147 RULE JUDGMENT OF NOT guilty BY REASON OF insanity : DISPOSITION OF DEFENDANT .. 151 RULE COMMITMENT OF A DEFENDANT FOUND NOT guilty BY REASON OF insanity .. 152 RULE CONDITIONAL RELEASE .. 153 VI. DISCOVERY .. 155 RULE 155 VII.

5 SUBSTITUTION OF 179 RULE SUBSTITUTION OF JUDGE .. 179 VIII. CHANGE OF VENUE .. 180 RULE CHANGE OF VENUE .. 180 January 1, 2017 Florida Rules of Criminal Procedure 4 The Florida Bar IX. THE TRIAL .. 182 RULE ACCUSED AS WITNESS .. 182 RULE RIGHT TO TRIAL BY JURY .. 182 RULE WAIVER OF JURY TRIAL .. 183 RULE NUMBER OF JURORS .. 183 RULE ALTERNATE JURORS .. 183 RULE LIST OF PROSPECTIVE JURORS .. 184 RULE CHALLENGE TO PANEL .. 185 RULE VOIR DIRE EXAMINATION, OATH, AND EXCUSING OF MEMBER .. 185 RULE TIME FOR CHALLENGE .. 186 RULE EXERCISE OF CHALLENGES .. 187 RULE MANNER OF CHALLENGE .. 187 RULE DETERMINATION OF CHALLENGE FOR CAUSE .. 187 RULE EFFECT OF SUSTAINING CHALLENGE .. 188 RULE PEREMPTORY CHALLENGES.

6 188 RULE OATH OF TRIAL JURORS .. 190 RULE WITNESS ATTENDANCE AND SUBPOENAS .. 190 X. CONDUCT OF TRIAL; JURY INSTRUCTIONS .. 191 RULE REGULATION AND SEPARATION OF JURORS .. 191 RULE JUROR QUESTIONS OF WITNESSES .. 192 RULE JUROR NOTEBOOKS .. 193 RULE MOTION FOR JUDGMENT OF ACQUITTAL .. 193 RULE FINAL ARGUMENTS .. 194 RULE JURY INSTRUCTIONS .. 194 RULE SELECTION OF FOREPERSON OF JURY .. 195 RULE MATERIALS TO THE JURY ROOM .. 196 January 1, 2017 Florida Rules of Criminal Procedure 5 The Florida Bar RULE JURY REQUEST TO REVIEW EVIDENCE OR FOR ADDITIONAL INSTRUCTIONS .. 197 RULE RECALL OF JURY FOR ADDITIONAL INSTRUCTIONS .. 198 RULE JURY NOT RECALLABLE TO HEAR ADDITIONAL EVIDENCE .. 198 XI. THE VERDICT.

7 198 RULE RENDITION OF VERDICT; RECEPTION AND RECORDING .. 198 RULE POLLING THE JURY .. 199 RULE JUDICIAL COMMENT ON VERDICT .. 199 RULE PROCEEDINGS ON SEALED VERDICT .. 200 RULE DETERMINATION OF DEGREE OF OFFENSE .. 200 RULE VERDICT OF guilty WHERE MORE THAN ONE COUNT .. 201 RULE INCONSISTENT VERDICTS .. 201 RULE DETERMINATION OF ATTEMPTS AND LESSER INCLUDED OFFENSES .. 201 RULE VERDICT IN CASE OF JOINT DEFENDANTS .. 202 RULE RECONSIDERATION OF AMBIGUOUS OR DEFECTIVE VERDICT .. 202 RULE WHEN VERDICT MAY BE RENDERED .. 203 RULE DISPOSITION OF DEFENDANT .. 203 RULE DISCHARGE OF JURORS .. 203 RULE IRREGULARITY IN RENDITION, RECEPTION, AND RECORDING OF VERDICT .. 204 RULE MOTION TO INTERVIEW JUROR .. 204 XII. POST-TRIAL MOTIONS.

8 205 January 1, 2017 Florida Rules of Criminal Procedure 6 The Florida Bar RULE COURT MAY GRANT NEW TRIAL .. 205 RULE TIME FOR AND METHOD OF MAKING MOTIONS; Procedure ; CUSTODY PENDING HEARING .. 205 RULE GROUNDS FOR NEW TRIAL .. 208 RULE MOTION FOR ARREST OF JUDGMENT; GROUNDS .. 209 RULE WHEN EVIDENCE SUSTAINS ONLY CONVICTION OF LESSER OFFENSE .. 210 RULE SENTENCE BEFORE OR AFTER MOTION FILED .. 210 RULE EFFECT OF GRANTING NEW TRIAL .. 211 XIII. JUDGMENT .. 211 RULE JUDGMENT DEFINED .. 211 RULE RENDITION OF JUDGMENT .. 212 RULE JUDGMENT ON INFORMAL VERDICT .. 213 RULE JUDGMENT OF NOT guilty ; DEFENDANT DISCHARGED AND SURETIES EXONERATED .. 213 RULE POST-TRIAL RELEASE .. 213 RULE PETITION TO SEAL OR EXPUNGE.

9 215 XIV. SENTENCE .. 217 RULE SENTENCE DEFINED; PRONOUNCEMENT AND ENTRY; SENTENCING JUDGE .. 217 RULE SENTENCING GUIDELINES .. 218 RULE SENTENCING GUIDELINES (1994) .. 227 RULE SENTENCING GUIDELINES (1994 AS AMENDED) .. 234 RULE THE Criminal PUNISHMENT CODE .. 245 RULE PRESENTENCE REPORT .. 256 RULE PRESENTENCE REPORT: WHEN PREPARED .. 257 RULE PRESENTENCE REPORT: DISCLOSURE .. 257 January 1, 2017 Florida Rules of Criminal Procedure 7 The Florida Bar RULE PRESENTENCE INVESTIGATION DISCLOSURE: PARTIES .. 258 RULE SENTENCING HEARING .. 259 RULE RECORD OF THE 260 RULE ISSUANCE OF CAPIAS WHEN NECESSARY TO BRING DEFENDANT BEFORE COURT .. 260 RULE Procedure WHEN PARDON IS ALLEGED AS CAUSE FOR NOT PRONOUNCING SENTENCE.

10 261 RULE Procedure WHEN NONIDENTITY IS ALLEGED AS CAUSE FOR NOT PRONOUNCING SENTENCE .. 261 RULE Procedure WHEN PREGNANCY IS ALLEGED AS CAUSE FOR NOT PRONOUNCING DEATH SENTENCE .. 262 RULE SENTENCING HEARING FOR CAPITAL CASES .. 263 RULE SENTENCING HEARING TO CONSIDER THE IMPOSITION OF A LIFE SENTENCE FOR JUVENILE 263 RULE PROBATION AND COMMUNITY 264 RULE CORRECTION, REDUCTION, AND MODIFICATION OF SENTENCES .. 269 RULE CORRECTION OF JAIL CREDIT .. 274 RULE REVIEW OF SENTENCES FOR JUVENILE 276 XV. EXECUTION OF SENTENCE .. 279 RULE COMMITMENT OF DEFENDANT; DUTY OF SHERIFF .. 279 RULE insanity AT TIME OF EXECUTION: CAPITAL CASES .. 280 January 1, 2017 Florida Rules of Criminal Procedure 8 The Florida Bar RULE HEARING ON insanity AT TIME OF EXECUTION: CAPITAL CASES.