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Not legal advice. BenchPath provides procedural information compiled from official public sources. BenchPath's materials are not a substitute for the advice of an attorney or for attorney judgment; they create no attorney–client relationship and do not guarantee acceptance of any filing by any court. Court sources change without notice — verify urgent deadlines with the court, the clerk, or the judicial assistant. Every rule card shows its source, confidence level, and last-verified date; treat anything below high confidence as a lead, not an answer.

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Florida Rules of Criminal Procedure · BenchPath

Fla. R. Crim. P.

Florida Rules of Criminal Procedure

October 1, 2026 edition. 157 rules of 157 in the edition's own bookmarks. Published by The Florida Bar (rules index); rules adopted by the Supreme Court of Florida.

Florida
Law Library
Florida Rules of Criminal Procedure

Official index: https://www.floridabar.org/rules/ctproc/

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Words from the text, or a citation such as § 90.803 or Fla. R. Civ. P. 1.510

I. SCOPE, PURPOSE, AND CONSTRUCTION

Rule 3.010SCOPE
Rule 3.020PURPOSE AND CONSTRUCTION
Rule 3.025STATE AND PROSECUTING ATTORNEY DEFINED
Rule 3.030SERVICE AND FILING OF PLEADINGS AND DOCUMENTS
Rule 3.040COMPUTATION OF TIME
Rule 3.050ENLARGEMENT OF TIME
Rule 3.060TIME FOR SERVICE OF MOTIONS AND NOTICE OF HEARING
Rule 3.080NONVERIFICATION OF PLEADINGS
Rule 3.090PLEADING CAPTIONS
Rule 3.111PROVIDING COUNSEL TO INDIGENTS
Rule 3.112MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES
Rule 3.113MINIMUM STANDARDS FOR ATTORNEYS IN FELONY CASES
Rule 3.115DUTIES OF STATE ATTORNEY; CRIMINAL INTAKE
Rule 3.116USE OF COMMUNICATION TECHNOLOGY
Rule 3.120COMMITTING JUDGE
Rule 3.121ARREST WARRANT
Rule 3.125NOTICE TO APPEAR
Rule 3.130FIRST APPEARANCE
Rule 3.131PRETRIAL RELEASE
Rule 3.132PRETRIAL DETENTION
Rule 3.133PRETRIAL PROBABLE CAUSE DETERMINATIONS AND ADVERSARY PRELIMINARY HEARINGS
Rule 3.134TIME FOR FILING FORMAL CHARGES
Rule 3.140INDICTMENTS; INFORMATIONS
Rule 3.150JOINDER OF OFFENSES AND DEFENDANTS
Rule 3.151CONSOLIDATION OF RELATED OFFENSES
Rule 3.152SEVERANCE OF OFFENSES AND DEFENDANTS
Rule 3.153TIMELINESS OF DEFENDANT’S MOTION; WAIVER
Rule 3.160ARRAIGNMENT
Rule 3.170PLEAS
Rule 3.171PLEA DISCUSSIONS AND AGREEMENTS
Rule 3.172ACCEPTANCE OF GUILTY OR NOLO CONTENDERE PLEA
Rule 3.180PRESENCE OF DEFENDANT
Rule 3.181NOTICE TO SEEK DEATH PENALTY

V. PRETRIAL MOTIONS AND DEFENSES

Rule 3.190PRETRIAL MOTIONS
Rule 3.191SPEEDY TRIAL
Rule 3.192MOTIONS FOR REHEARING
Rule 3.200NOTICE OF ALIBI
Rule 3.201BATTERED-SPOUSE SYNDROME DEFENSE
Rule 3.202EXPERT TESTIMONY OF MENTAL MITIGATION DURING PENALTY PHASE OF CAPITAL TRIAL; NOTICE AND EXAMINATION BY STATE EXPERT
Rule 3.203DEFENDANT’S INTELLECTUAL DISABILITY AS A BAR TO IMPOSITION OF THE DEATH PENALTY
Rule 3.210INCOMPETENCE TO PROCEED: PROCEDURE FOR RAISING THE ISSUE

X. CONDUCT OF TRIAL; JURY INSTRUCTIONS

Rule 3.370REGULATION AND SEPARATION OF JURORS
Rule 3.371JUROR QUESTIONS OF WITNESSES
Rule 3.372JUROR NOTEBOOKS
Rule 3.380MOTION FOR JUDGMENT OF ACQUITTAL
Rule 3.381FINAL ARGUMENTS
Rule 3.390JURY INSTRUCTIONS
Rule 3.391SELECTION OF FOREPERSON OF JURY
Rule 3.400MATERIALS TO THE JURY ROOM
Rule 3.410

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.

Rule 3.211

COMPETENCE TO PROCEED: SCOPE OF EXAMINATION AND REPORT

Rule 3.212COMPETENCE TO PROCEED: HEARING AND DISPOSITION

Rule 3.213CONTINUING INCOMPETENCY TO PROCEED, EXCEPT INCOMPETENCY TO PROCEED WITH SENTENCING; DISPOSITION

Rule 3.214INCOMPETENCY TO PROCEED TO SENTENCING: DISPOSITION

Rule 3.215EFFECT OF ADJUDICATION OF INCOMPETENCY TO PROCEED: PSYCHOTROPIC MEDICATION

Rule 3.216INSANITY AT TIME OF OFFENSE OR PROBATION OR COMMUNITY CONTROL VIOLATION: NOTICE AND APPOINTMENT OF EXPERTS

Rule 3.217JUDGMENT OF NOT GUILTY BY REASON OF INSANITY; DISPOSITION OF DEFENDANT

Rule 3.218COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY

Rule 3.219CONDITIONAL RELEASE

Rule 3.220DISCOVERY

Rule 3.231SUBSTITUTION OF JUDGE

Rule 3.240CHANGE OF VENUE

Rule 3.250ACCUSED AS WITNESS

Rule 3.251RIGHT TO TRIAL BY JURY

Rule 3.260WAIVER OF JURY TRIAL

Rule 3.270NUMBER OF JURORS

Rule 3.280ALTERNATE JURORS

Rule 3.281LIST OF PROSPECTIVE JURORS

Rule 3.290CHALLENGE TO PANEL

Rule 3.300VOIR DIRE EXAMINATION, OATH, AND EXCUSING OF MEMBER

Rule 3.310TIME FOR CHALLENGE

Rule 3.315EXERCISE OF CHALLENGES

Rule 3.320MANNER OF CHALLENGE

Rule 3.330DETERMINATION OF CHALLENGE FOR CAUSE

Rule 3.340EFFECT OF SUSTAINING CHALLENGE

Rule 3.350PEREMPTORY CHALLENGES

Rule 3.360OATH OF TRIAL JURORS

Rule 3.361WITNESS ATTENDANCE AND SUBPOENAS

JURY REQUEST TO REVIEW EVIDENCE OR FOR ADDITIONAL INSTRUCTIONS

Rule 3.420RECALL OF JURY FOR ADDITIONAL INSTRUCTIONS

Rule 3.430JURY NOT RECALLABLE TO HEAR ADDITIONAL EVIDENCE

Rule 3.440RENDITION OF VERDICT; RECEPTION AND RECORDING

Rule 3.450POLLING THE JURY

Rule 3.451JUDICIAL COMMENT ON VERDICT

Rule 3.470PROCEEDINGS ON SEALED VERDICT

Rule 3.490DETERMINATION OF DEGREE OF OFFENSE

Rule 3.500VERDICT OF GUILTY WHERE MORE THAN ONE COUNT

Rule 3.505INCONSISTENT VERDICTS

Rule 3.510DETERMINATION OF ATTEMPTS AND LESSER INCLUDED OFFENSES

Rule 3.520VERDICT IN CASE OF JOINT DEFENDANTS

Rule 3.530RECONSIDERATION OF AMBIGUOUS OR DEFECTIVE VERDICT

Rule 3.540WHEN VERDICT MAY BE RENDERED

Rule 3.550DISPOSITION OF DEFENDANT

Rule 3.560DISCHARGE OF JURORS

Rule 3.570IRREGULARITY IN RENDITION, RECEPTION, AND RECORDING OF VERDICT

Rule 3.575MOTION TO INTERVIEW JUROR

Rule 3.580COURT MAY GRANT NEW TRIAL

Rule 3.590TIME FOR AND METHOD OF MAKING MOTIONS; PROCEDURE; CUSTODY PENDING HEARING

Rule 3.600GROUNDS FOR NEW TRIAL

Rule 3.610MOTION FOR ARREST OF JUDGMENT; GROUNDS

Rule 3.620WHEN EVIDENCE SUSTAINS ONLY CONVICTION OF LESSER OFFENSE

Rule 3.630SENTENCE BEFORE OR AFTER MOTION FILED

Rule 3.640EFFECT OF GRANTING NEW TRIAL

Rule 3.650JUDGMENT DEFINED

Rule 3.670RENDITION OF JUDGMENT

Rule 3.680JUDGMENT ON INFORMAL VERDICT

Rule 3.690JUDGMENT OF NOT GUILTY; DEFENDANT DISCHARGED AND SURETIES EXONERATED

Rule 3.691POST-TRIAL RELEASE

Rule 3.692PETITION TO SEAL OR EXPUNGE

Rule 3.693PETITION TO SEAL OR EXPUNGE; HUMAN TRAFFICKING

Rule 3.694PETITION TO SEAL OR EXPUNGE; LAWFUL SELF-DEFENSE EXPUNCTION

Rule 3.700SENTENCE DEFINED; PRONOUNCEMENT AND ENTRY; SENTENCING JUDGE

Rule 3.701SENTENCING GUIDELINES

Rule 3.702SENTENCING GUIDELINES (1994)

Rule 3.703SENTENCING GUIDELINES (1994 AS AMENDED)

Rule 3.704THE CRIMINAL PUNISHMENT CODE

Rule 3.710PRESENTENCE REPORT

Rule 3.711PRESENTENCE REPORT: WHEN PREPARED

Rule 3.712PRESENTENCE REPORT: DISCLOSURE

Rule 3.713PRESENTENCE INVESTIGATION DISCLOSURE: PARTIES

Rule 3.720SENTENCING HEARING

Rule 3.721RECORD OF THE PROCEEDINGS

Rule 3.730ISSUANCE OF CAPIAS WHEN NECESSARY TO BRING DEFENDANT BEFORE COURT

Rule 3.750PROCEDURE WHEN PARDON IS ALLEGED AS CAUSE FOR NOT PRONOUNCING SENTENCE

Rule 3.760PROCEDURE WHEN NONIDENTITY IS ALLEGED AS CAUSE FOR NOT PRONOUNCING SENTENCE

Rule 3.770PROCEDURE WHEN PREGNANCY IS ALLEGED AS CAUSE FOR NOT PRONOUNCING DEATH SENTENCE

Rule 3.780SENTENCING HEARING FOR CAPITAL CASES

Rule 3.781SENTENCING HEARING TO CONSIDER THE IMPOSITION OF A LIFE SENTENCE FOR JUVENILE OFFENDERS

Rule 3.790PROBATION AND COMMUNITY CONTROL

Rule 3.800CORRECTION, REDUCTION, AND MODIFICATION OF SENTENCES

Rule 3.801CORRECTION OF JAIL CREDIT

Rule 3.802REVIEW OF SENTENCES FOR JUVENILE OFFENDERS

Rule 3.810COMMITMENT OF DEFENDANT; DUTY OF SHERIFF

Rule 3.811INSANITY AT TIME OF EXECUTION: CAPITAL CASES

Rule 3.812HEARING ON INSANITY AT TIME OF EXECUTION: CAPITAL CASES

Rule 3.820HABEAS CORPUS

Rule 3.830DIRECT CRIMINAL CONTEMPT

Rule 3.840INDIRECT CRIMINAL CONTEMPT

Rule 3.850MOTION TO VACATE; SET ASIDE; OR CORRECT SENTENCE

Rule 3.851COLLATERAL RELIEF AFTER DEATH SENTENCE HAS BEEN IMPOSED AND AFFIRMED ON DIRECT APPEAL

Rule 3.852CAPITAL POSTCONVICTION PUBLIC RECORDS PRODUCTION

Rule 3.853MOTION FOR POSTCONVICTION DNA TESTING

Rule 3.984APPLICATION FOR CRIMINAL INDIGENT STATUS IN THE CIRCUIT/COUNTY COURT OF THE ____________________ JUDICIAL CIRCUIT IN AND FOR _________________ COUNTY, FLORIDA

Rule 3.9855JUROR VOIR DIRE QUESTIONNAIRE DIRECTIONS TO CLERKS, ATTORNEYS, AND PRO SE

Rule 3.986FORMS RELATED TO JUDGMENT AND SENTENCE

Rule 3.987MOTION FOR POSTCONVICTION RELIEF MODEL FORM FOR USE IN MOTIONS FOR POSTCONVICTION RELIEF PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.850

Rule 3.9875MOTION FOR JAIL CREDIT MODEL FORM FOR USE IN MOTIONS FOR CORRECTION OF JAIL CREDIT PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.801

Rule 3.9876MOTION FOR CORRECTION OF SENTENCE MOTION FOR CORRECTION OF ILLEGAL SENTENCE, INCORRECT SENTENCING SCORESHEET, OR ERRONEOUS SEXUAL PREDATOR DESIGNATION

Rule 3.988SENTENCING GUIDELINES

Rule 3.989SWORN STATEMENT; PETITION; AND ORDER TO EXPUNGE OR SEAL FORMS

Rule 3.9895HUMAN TRAFFICKING: SWORN STATEMENT; PETITION; AND ORDER TO EXPUNGE OR SEAL RECORDS

Rule 3.990SENTENCING GUIDELINES SCORESHEET

Rule 3.991SENTENCING GUIDELINES SCORESHEETS (OCTOBER 1, 1995)

Rule 3.992CRIMINAL PUNISHMENT CODE SCORESHEET

Rule 3.993FORMS RELATED TO CAPITAL POSTCONVICTION RECORDS PRODUCTION

Rule 3.994ORDER CERTIFYING NO INCARCERATION

Rule 3.995ORDER OF REVOCATION OF PROBATION / COMMUNITY CONTROL

Rule 3.996APPLICATION FOR SENTENCE REVIEW HEARING APPLICATION FOR SENTENCE REVIEW HEARING UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.802 INSTRUCTIONS FOR FILING APPLICATION FOR SENTENCE REVIEW HEARING PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.802. READ CAREFULLY