Florida

Criminal Procedure

Rule 3.010 – Scope
Rule 3.020 – PURPOSE AND CONSTRUCTION
Rule 3.025 – STATE AND PROSECUTING ATTORNEY DEFINED
Rule 3.030 – SERVICE AND FILING OF PLEADINGS AND DOCUMENTS
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 3.080 – 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 [Effective July 1, 2021]
Rule 3.113 – MINIMUM STANDARDS FOR ATTORNEYS IN FELONY CASES
Rule 3.115 – DUTIES OF STATE ATTORNEY; CRIMINAL INTAKE
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
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
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; NOTICE AND EXAMINATION BY STATE EXPERT
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, EXCEPT INCOMPETENCY TO PROCEED WITH SENTENCING; 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 OR PROBATION OR COMMUNITY CONTROL VIOLATION: 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
Rule 3.220 – DISCOVERY
Rule 3.231 – SUBSTITUTION OF JUDGE
Rule 3.240 – CHANGE OF VENUE
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
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
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
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
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
Rule 3.693 – PETITION TO SEAL OR EXPUNGE; HUMAN TRAFFICKING
Rule 3.694 – PETITION TO SEAL OR EXPUNGE; LAWFUL SELFDEFENSE EXPUNCTION
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
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
Rule 3.830 – DIRECT CRIMINAL CONTEMPT
Rule 3.840 – INDIRECT CRIMINAL CONTEMPT
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
Rule 3.984 – APPLICATION FOR CRIMINAL INDIGENT STATUS
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 3.9876 – MOTION FOR CORRECTION OF SENTENCE
Rule 3.988 – SENTENCING GUIDELINES
Rule 3.989 – SWORN STATEMENT; PETITION; AND ORDER TO EXPUNGE OR SEAL FORMS
Rule 3.9895 – HUMAN TRAFFICKING: SWORN STATEMENT; PETITION; AND ORDER TO EXPUNGE OR SEAL RECORDS
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

Rule 3.490 – DETERMINATION OF DEGREE OF OFFENSE

If the indictment or information charges an offense divided into degrees, the jury may find the defendant guilty of the offense charged or any lesser degree supported by the evidence. The judge shall not instruct on any degree as to which there is no evidence.

FL. R. Crim. P. 3.490

Added by 403 So.2d 979, effective 10/1/1981.

Committee Notes.

1968 Adoption. Same as 919.14.

1972 Amendment. Same as prior rule except references to affidavit have been deleted.

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