RULE 3.010. SCOPE

These rules shall govern the procedure in all criminal
proceedings in state courts including proceedings involving direct
and indirect criminal contempt, proceedings under rule 3.850, and
criminal traffic offenses as provided by Section III, Florida Rules of
Traffic Court. These rules shall not apply to direct or indirect
criminal contempt of a court acting in any appellate capacity. These
rules shall not apply to rules 3.811 and 3.812. These rules shall be
known as the Florida Rules of Criminal Procedure and may be cited
as Fla. R. Crim. P.

Committee Notes

1968 Adoption. These rules are not intended to apply to
municipal courts, but are intended to apply to all state courts
where “crimes” are charged.

1972 Amendment. Amended to provide for applicability of
rules to vehicular traffic offenses, when made so by the traffic court
rules.

1992 Amendment. The rule is amended to refer to “Florida
Rules of Criminal Procedure” and “Fla. R. Crim. P.” rather than to
“Rules of Criminal Procedure” and “R. Crim. P.” Although the
Florida Bar Rules of Criminal Procedure already contains this
language, the West publications, Florida Rules of Court (1991) and
Florida Criminal Law and Rules (1991), do not. The published
version of rule 3.010, In re Florida Rules of Criminal Procedure, 272
So. 2d 65 (Fla. 1973), and the single published amendment to the
rule, In re Amendments to the Florida Rules of Criminal Procedure,
518 So. 2d 256 (Fla. 1987), also do not contain these additions. The
Florida Bar publication, Florida Criminal Rules and Practice, in a
commentary to rule 3.010, indicates that the Florida Supreme
Court changed the citation form in an order effective January 1,
1977. The commentary indicates that the order stated in pertinent
part:
In order to provide the clarity of citations in briefs filed in this
court and other legal writings, the following amendments to the
procedural rules adopted by this court pursuant to Article V,
Section 2(a), of the Florida Constitution are hereby adopted.

***

The last sentence of Rule 3.010 of the Florida Rules of
Criminal Procedure is amended as follows: “These Rules shall be
known as the Florida Rules of Criminal Procedure and may be cited
as Fla. R. Crim. P.”

However, these changes were apparently inadvertently omitted
when the 1987 amendments were published. The proposed 1992
amendments again incorporate into the rule the language set out in
the court’s 1977 order.

The amendments would enable clearer identification of the
rules and achieve consistency of style with other sets of court rules,
in particular, rule 9.800(i), Fla. R. App. P., which provides that the
proper citation to the Florida Rules of Criminal Procedure is Fla. R.
Crim. P.