Motion for Change of Venue

Table of Contents

1. Caption
2. Motion for Change of Venue
3. Statement of Facts
4. Grounds for Change of Venue
5. Supporting Evidence
6. Statutory and Constitutional Authority
7. Factors for the Court to Consider
8. Proposed Alternative Venue
9. List of Affidavits and Exhibits
10. Certificate of Good Faith
11. Proposed Order
12. Certificate of Service
13. Florida Practice Notes
14. Sources and References

Caption

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

IN AND FOR [________________________________] COUNTY, FLORIDA

Motion for Change of Venue

COMES NOW the Defendant, [DEFENDANT NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to Florida Rule of Criminal Procedure 3.240 and Florida Constitution, Article I, Section 16, for an Order changing the venue of this criminal matter from [________________________________] County to another county where a fair and impartial trial may be obtained.

In support of this Motion, Defendant states as follows:

Statement of Facts

1. The Defendant, [DEFENDANT NAME], has been charged with [CHARGES] by [INDICTMENT/INFORMATION] filed on or about [DATE].

2. The alleged offense(s) occurred on or about [DATE OF ALLEGED OFFENSE] in [________________________________] County, Florida.

3. Trial is scheduled for [TRIAL DATE]. [The motion is filed at least 10 days before the case is called for trial / good cause for later filing is: [________________________________].]

4. Since the filing of charges, the following circumstances have made a fair and impartial trial impossible in [________________________________] County:

[________________________________]

Grounds for Change of Venue

A. Pretrial Publicity and Community Prejudice

5. A fair and impartial trial cannot be had in [________________________________] County due to extensive and prejudicial media coverage:

 a. [MEDIA OUTLET 1] published/broadcast [NUMBER] stories between [START DATE] and [END DATE].

 b. [MEDIA OUTLET 2] published/broadcast [NUMBER] stories between [START DATE] and [END DATE].

 c. The media coverage has included prejudicial content such as [DESCRIBE CONTENT].

6. The publicity has disseminated information inadmissible at trial:

 a. [________________________________]

 b. [________________________________]

B. Inability to Obtain a Fair and Impartial Jury

7. [IF APPLICABLE: Community hostility, fixed opinions, or other countywide conditions make it impracticable to impanel a fair and impartial jury in [________________________________] County:]

 a. [________________________________]

 b. [________________________________]

C. Other Facts Showing a Fair Trial Cannot Be Had

8. [IF APPLICABLE: Other circumstances, including prejudicial public statements, threats, or courthouse conditions, show that a fair and impartial trial cannot be had in the county:]

 a. [________________________________]

Supporting Evidence

Media Coverage Log

Social Media Posts and Public Statements

9. Social media and public statements demonstrate community prejudice:

 a. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION]

 b. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION]

 c. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION]

Polling Data (If Applicable)

10. [IF APPLICABLE: A community survey conducted by [FIRM] on [DATE] demonstrates that [PERCENTAGE]% of county residents have formed an opinion regarding the Defendant's guilt.]

Statutory and Constitutional Authority

A. Florida Rules of Criminal Procedure

11. Rule 3.240(a) provides that either the State or the defendant may move for a change of venue on the ground that a fair and impartial trial cannot be had in the county where the case is pending, for a reason other than the interest or prejudice of the trial judge.

12. Under Rule 3.240(b)-(c), the written motion must be accompanied by affidavits of the movant and at least two other persons stating the supporting facts, together with counsel's certificate that the motion is made in good faith. It must be filed at least 10 days before the case is called for trial unless good cause excuses later filing.

B. Florida Statutory Authority

13. Fla. Stat. § 910.03 governs the place of criminal trial and provides that:
    - After ordering a change of venue, the court, on a party's motion, must give priority to a county that closely resembles the demographic composition of the original county (§ 910.03(2)).
    - If a fair and impartial jury cannot be impaneled in the county of the offense and the court determines the selected jury will be sequestered, the court may select the jury in another county and bring it to the original county for trial (§ 910.03(3)).

C. Florida Constitutional Authority

14. Florida Constitution, Article I, Section 16(a) guarantees the accused a speedy and public trial by an impartial jury in the county where the crime was committed.

D. Federal Constitutional Authority

15. The Sixth Amendment guarantees the right to trial by an impartial jury.

16. The Fourteenth Amendment guarantees due process. Irvin v. Dowd, 366 U.S. 717 (1961), and Sheppard v. Maxwell, 384 U.S. 333 (1966), address the constitutional duty to protect a criminal trial from pervasive prejudice and publicity.

Factors for the Court to Consider

17. The motion should address facts bearing on whether a fair and impartial trial can be had in the county, including:

☐ The nature and extent of pretrial publicity

☐ The size of the community relative to the media coverage

☐ Whether the publicity is factual or inflammatory

☐ Whether the publicity includes information inadmissible at trial

☐ The degree of community hostility toward the Defendant

☐ The time elapsed between the publicity and the trial

☐ Whether alternative remedies (voir dire, jury questionnaires) are adequate

☐ Whether it is practicable to impanel a qualified jury

☐ The demographic composition of the proposed alternative county (§ 910.03(2))

Proposed Alternative Venue

18. The Defendant proposes transfer to [________________________________] County, Florida, because:

 a. That county has not experienced the same level of media saturation.

 b. The demographic composition of [________________________________] County is similar to that of [________________________________] County, consistent with § 910.03(2).

 c. It is a convenient county in which a fair and impartial trial can be had, as required by Rule 3.240(d).

 d. Transfer serves the interests of justice.

19. In the alternative, if the findings required by § 910.03(3) are made, the Defendant requests that jurors be selected from [________________________________] County and transported to [________________________________] County for trial.

List of Affidavits and Exhibits

Certificate of Good Faith

I, [ATTORNEY NAME], counsel for the Defendant, hereby certify that this Motion for Change of Venue is made in good faith and is not made for purposes of delay or any improper purpose.

________________________________________
[ATTORNEY NAME]
[FLORIDA BAR NO.]

Proposed Order

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

IN AND FOR [________________________________] COUNTY, FLORIDA

This cause having come before the Court on the Defendant's Motion for Change of Venue, the Court having reviewed the motion, affidavits, exhibits, and arguments of counsel, and being otherwise fully advised:

IT IS ORDERED AND ADJUDGED that the Motion for Change of Venue is GRANTED.

IT IS FURTHER ORDERED that this matter is transferred to the Circuit Court of the [________________________________] Judicial Circuit, in and for [________________________________] County, Florida, for trial.

[OR, ALTERNATIVELY:]

IT IS FURTHER ORDERED that a jury shall be selected from [________________________________] County and transported to [________________________________] County for trial pursuant to Fla. Stat. § 910.03(3).

IT IS FURTHER ORDERED that the Clerk shall transmit all records and documents to the receiving court.

DONE AND ORDERED in [________________________________] County, Florida, this [____] day of [________________________________], 20[____].

________________________________________
Circuit Judge

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Change of Venue, together with all supporting affidavits and exhibits, was served upon:

[STATE ATTORNEY NAME]
Office of the State Attorney
[________________________________] Judicial Circuit
[ADDRESS LINE 1]
[CITY], Florida [ZIP CODE]

by: ☐ Hand delivery ☐ U.S. Mail ☐ E-filing via Florida Courts E-Filing Portal ☐ Facsimile

________________________________________
[ATTORNEY NAME]
[FLORIDA BAR NO.]
Attorney for Defendant
[LAW FIRM NAME]
[ADDRESS LINE 1]
[CITY], Florida [ZIP CODE]
[PHONE]
[EMAIL]

Florida Practice Notes

Filing Deadline: The motion must be filed no less than 10 days before the case is called for trial, unless good cause is shown for late filing.

Affidavit Requirement: The motion must be accompanied by affidavits of the movant and at least two other persons setting forth the facts on which the motion is based.

Good Faith Certificate: A certificate by movant's counsel that the motion is made in good faith is required.

Either Party May Move: Both the State and the Defendant may file a motion for change of venue under Rule 3.240(a).

Demographic Similarity: After a change of venue is ordered, § 910.03(2) requires the court, on a party's motion, to give priority to a county with demographic composition closely resembling the original county.

Imported Jury Alternative: Under § 910.03(3), if a fair jury cannot be impaneled in the county of the offense and the court determines that the selected jury will be sequestered, the court may select jurors from another county and bring them to the original county.

Receiving Court and Record: If venue is changed, Rule 3.240(d)-(f) directs the order, custody transfer when applicable, and transmittal of the certified record to the receiving court.

Sources and References

• Florida Rule of Criminal Procedure 3.240 (current rules compilation, January 1, 2026)
• Florida Courts Rule 3.240 text
• Fla. Stat. § 910.03
• Florida Constitution, Article I, § 16
• U.S. Constitution, Amendments VI and XIV
• Irvin v. Dowd, 366 U.S. 717 (1961)
• Sheppard v. Maxwell, 384 U.S. 333 (1966)