IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.190. (2025)

The Criminal Court Steering Committee (CCSC) filed a report proposing amendments to Florida Rule of Criminal Procedure 3.190 (Pretrial Motions).¹ The report was in response to a decision of the Fourth District Court of Appeal related to the time for filing a motion to dismiss based on a claim of “stand your ground” immunity under section 776.032, Florida Statutes. See Acostafigueroa v. State, 373 So. 3d 908, 910 (Fla. 4th DCA 2023) (stating that “a motion to dismiss claiming self-defense immunity from prosecution may be entertained at any time before trial pursuant to rule 3.190(c)(3)”).

After considering the CCSC's report, the comments received, the CCSC's response to the comments, and the oral argument held on April 2, 2025, we hereby amend rule 3.190 as proposed by the CCSC in its response to comments, with modification. As rewritten today, the rule requires that a motion to dismiss must be filed by the deadline set by the trial judge or the motion will be dismissed, unless the defendant demonstrates good cause for the delay or that the grounds raised are fundamental. Additionally, the subdivisions discussing motions to suppress evidence and motions to suppress statements are combined into one subdivision. The subdivision on depositions to perpetuate testimony is amended to clarify the requirements of these depositions, and the subdivision on motions to expedite is entirely rewritten.

In adopting these amendments, we modify the CCSC's updated proposal in several respects. First, we modify the CCSC's proposal for subdivision (c) (Time for Moving to Dismiss) to state that the motion must be filed by the deadline set by the trial court. Additionally, we decline to adopt the CCSC's proposed amendments to subdivision (d)(1) requiring sworn facts for all motions to dismiss. In subdivision (d)(2), we add a requirement that any traverse or demurrer be filed at least two days before any hearing on a motion to dismiss. Finally, we decline to adopt the proposed amendments to subdivision (h)(2) regarding communication technology and decline to adopt the proposed CCSC Note.

The Court hereby amends the Florida Rules of Criminal Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective July 13, 2026. Because the amended rule 3.190(d) (Traverse or Demurrer; Rendition of Order) we adopt today is different than the proposal previously published for comment, interested persons shall have 75 days from the date of this opinion in which to file comments with the Court.² The Court specifically invites comment on removing the long-standing requirement of a defendant swearing to a motion to dismiss under what was formerly subdivision (c)(4) but is now subdivision (d)(2).

It is so ordered.

APPENDIX

FOOTNOTES

1.   . We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140.

2.   All comments must be filed with the Court on or before January 13, 2026, with a certificate of service verifying that a copy has been served on the Committee Chair, Judge Joseph A. Bulone, 14250 49th Street, Chamber 12, Clearwater, Florida 33762, jbulone@jud6.org, and on the OSCA Staff Liaison to the Committee, Bart Schneider, 500 South Duval Street, Tallahassee, Florida 32399, schneidb@flcourts.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until February 3, 2026, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927.

PER CURIAM.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.