Motion for Change of Venue

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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

Caption

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

IN AND FOR [________________________________] COUNTY, FLORIDA

STATE OF FLORIDA,

  Plaintiff,

v.          Case No.: [________________________________]

[DEFENDANT NAME],

  Defendant.

MOTION FOR CHANGE OF VENUE

(Fla. R. Crim. P. 3.240)

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], which is more than 10 days from the filing of this motion.

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. Undue Influence of the Adverse Party

7. [IF APPLICABLE: The adverse party exercises undue influence over the inhabitants of [________________________________] County:]

 a. [________________________________]

C. Movant So Odious to Inhabitants / Community Hostility

8. [IF APPLICABLE: The Defendant is so odious to the inhabitants of [________________________________] County that a fair trial is impossible:]

 a. [________________________________]

 b. [________________________________]

D. Inability to Obtain a Qualified Jury

9. [IF APPLICABLE: It is impracticable to impanel a qualified jury in [________________________________] County:]

 a. [________________________________]

E. Convenience of Parties or Witnesses / Interest of Justice

10. [IF APPLICABLE: The convenience of parties and witnesses and the interest of justice support a change of venue:]

 a. [________________________________]

F. Safety Concerns

11. [IF APPLICABLE: Safety concerns warrant a change of venue:]

 a. [________________________________]

Supporting Evidence

Media Coverage Log

Social Media Posts and Public Statements

12. 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)

13. [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

14. Rule 3.240 provides that either the state or the defendant may move for a change of venue upon a showing that a fair and impartial trial cannot be had in the county where the case is pending.

15. Rule 3.240 requires the motion to be accompanied by affidavits of the movant and at least two other persons, a certificate of good faith from counsel, and must be filed no less than 10 days before trial.

B. Florida Statutory Authority

16. Fla. Stat. § 910.03 governs the place of trial and provides that:
    - Courts may give priority to selecting a county that closely resembles the original county's demographic composition (§ 910.03(2)).
    - If a jury cannot be impaneled, the court may select a jury from another county and bring the jury to the original county (§ 910.03(3)).

17. Fla. Stat. § 47.141 provides that a change of venue transfers the action to a court of the same jurisdiction in another county.

18. Fla. Stat. § 47.131 provides that a second change of venue may be permitted but not back to the original county.

C. Florida Constitutional Authority

19. Florida Constitution, Article I, Section 16 guarantees the right to a "speedy and public trial by impartial jury in the county where the crime was committed."

D. Federal Constitutional Authority

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

21. The Fourteenth Amendment guarantees due process. See Irvin v. Dowd, 366 U.S. 717 (1961); Sheppard v. Maxwell, 384 U.S. 333 (1966).

Factors for the Court to Consider

22. The Court should evaluate:

☐ 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

☐ Whether the defendant is so "odious" to the inhabitants that a fair trial is impossible

☐ 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

23. 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. Adequate court facilities are available.

 d. Transfer serves the interests of justice.

24. In the alternative, the Defendant requests that jurors be selected from [________________________________] County and transported to [________________________________] County for trial pursuant to Fla. Stat. § 910.03(3).

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

STATE OF FLORIDA v. [DEFENDANT NAME]

Case No.: [________________________________]

ORDER GRANTING CHANGE OF VENUE

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

Standard of Review: Abuse of discretion.

Interlocutory Appeal: The availability of interlocutory appeal for denial of a change of venue in Florida is not well established. The issue is typically preserved for direct appeal.

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: Under § 910.03(2), the court should give priority to selecting a transfer county with demographic composition similar to the original county.

Imported Jury Alternative: Under § 910.03(3), if a fair jury cannot be impaneled and sequestration would be required, the court may select jurors from another county and bring them to the original county.

Second Change of Venue: A second change of venue may be permitted by the transferee court, but not back to the original county (§ 47.131).

Post-Verdict Renewal: Under Rule 3.240, the motion may be renewed within 10 days after reception of a verdict and discharge, or as the court allows.