TABLE OF CONTENTS

1. Caption
2. Introduction
3. Statement of Facts
4. Grounds for Dismissal
5. Legal Argument
6. Prayer for Relief
7. Certificate of Service

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

IN AND FOR [________________________________] COUNTY, FLORIDA

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by and through undersigned counsel, and pursuant to Florida Rule of Criminal Procedure 3.190, moves this Honorable Court for an order dismissing the ☐ Information / ☐ Indictment filed in the above-styled cause and states as follows:

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged by way of ☐ Information / ☐ Indictment with the following offense(s):

[Provide a concise factual summary of the relevant procedural history and facts.]

[________________________________]

III. GROUNDS FOR DISMISSAL

Defendant seeks dismissal on the following grounds (check all that apply):

☐ A. Pardon — Rule 3.190(c)(1)
Defendant has been pardoned for the offense charged.

☐ B. Double Jeopardy — Rule 3.190(c)(2)
Defendant has previously been placed in jeopardy for the same offense. Case No. [________________________________], adjudicated on [__/__/____] in [________________________________] Court.

☐ C. Immunity — Rule 3.190(c)(3)
Defendant has been granted immunity from prosecution for the offense charged by [________________________________] on [__/__/____].

☐ D. No Prima Facie Case / Undisputed Facts — Rule 3.190(c)(4)
There are no material disputed facts, and the undisputed facts do not establish a prima facie case of guilt against the Defendant.

Sworn Statement of Undisputed Facts:
[________________________________]

☐ E. Speedy Trial Violation — Rule 3.191
The State failed to bring Defendant to trial within:
- ☐ 90 days from filing of formal charges (misdemeanor)
- ☐ 175 days from filing of formal charges (felony)

NOTE: Effective July 1, 2025, the Florida Supreme Court amended Rule 3.191. The speedy trial clock now begins on the filing of formal charges (information or indictment), not the date of arrest.

☐ F. Statute of Limitations — Fla. Stat. § 775.15
The prosecution was commenced beyond the applicable limitations period of [________________________________].

☐ G. Defective Charging Instrument
The Information / Indictment is legally insufficient because: [________________________________].

☐ H. Due Process Violation
The prosecution has violated Defendant's due process rights: [________________________________].

☐ I. Prosecutorial Misconduct
The State engaged in misconduct prejudicing Defendant's rights: [________________________________].

IV. LEGAL ARGUMENT

A. Rule 3.190(c)(4) — No Material Disputed Facts

Under Florida Rule of Criminal Procedure 3.190(c)(4), the court shall dismiss the charge if there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt. The sworn motion must set forth the material facts upon which the movant relies, and the State may file a sworn traverse. State v. Kalogeropolous, 758 So. 2d 110, 112 (Fla. 2000). If the State's traverse raises a genuine dispute of material fact, the motion must be denied. State v. Bonebright, 742 So. 2d 290 (Fla. 1st DCA 1998).

[________________________________]

B. Speedy Trial — Rule 3.191

Florida Rule of Criminal Procedure 3.191 requires the State to bring a defendant to trial within 90 days from the filing of formal charges for a misdemeanor or 175 days from the filing of formal charges for a felony. If the State fails to comply, the defendant may file a Notice of Expiration of Speedy Trial Time, and the court must order the defendant brought to trial within 30 days (recapture period). If trial does not commence within the recapture period, the charge shall be dismissed without prejudice, unless the defendant demonstrates a constitutional speedy trial violation, in which case dismissal with prejudice may be warranted. State v. Agee, 622 So. 2d 473 (Fla. 1993).

NOTE (July 1, 2025 Amendment): The Florida Supreme Court amended Rule 3.191 effective July 1, 2025. Key changes: (1) the speedy trial clock now starts on the filing of formal charges rather than arrest; (2) the recapture period is now 30 days for all cases (previously 10 days for misdemeanors and 15 days for felonies); (3) dismissals for speedy trial violations are now without prejudice unless a constitutional speedy trial violation is shown.

[________________________________]

C. Statute of Limitations

Florida Statute § 775.15 sets forth the applicable limitations periods: no limit for capital or life felonies; 4 years for first-degree felonies; 3 years for second- and third-degree felonies; 2 years for first-degree misdemeanors; and 1 year for second-degree misdemeanors. See Hollingsworth v. State, 668 So. 2d 1064 (Fla. 2d DCA 1996).

[________________________________]

D. Double Jeopardy

The Double Jeopardy Clauses of the Fifth Amendment and Article I, Section 9 of the Florida Constitution prohibit successive prosecutions for the same offense. Florida applies the Blockburger same-elements test. State v. Sanborn, 533 So. 2d 1169 (Fla. 1988); Valdes v. State, 3 So. 3d 1067 (Fla. 2009).

[________________________________]

E. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. Dismiss the Information / Indictment with prejudice;
2. Discharge the Defendant;
3. Grant such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Florida Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Florida [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the Office of the State Attorney, [________________________________] Judicial Circuit, [ADDRESS], [CITY], Florida [ZIP CODE], by:

☐ Hand delivery
☐ U.S. Mail
☐ E-Service via the Florida Courts E-Filing Portal

on this [____] day of [________________________________], [____].

________________________________________
[ATTORNEY NAME]

FLORIDA-SPECIFIC NOTES

• Rule 3.190(c)(4): The most commonly litigated dismissal ground. The motion MUST be sworn (verified). If material facts are in dispute, the court must deny the motion without a hearing on the merits.
• Rule 3.191: Florida's speedy trial rule was amended effective July 1, 2025. The clock now runs from the filing of formal charges, and the recapture window is 30 days for all cases. Dismissals are without prejudice unless a constitutional speedy trial violation is shown.
• Fundamental Grounds: Certain objections (e.g., double jeopardy, failure to charge an offense) are "fundamental" and may be raised at any time, even for the first time on appeal.
• Filing and Service: All motions must be filed through the Florida Courts E-Filing Portal. Service on the State Attorney must comply with Fla. R. Jud. Admin. 2.516.
• Arraignment Deadline: Non-fundamental objections generally must be raised before or at arraignment or they are waived. See Rule 3.190(b).

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Florida attorney before use.