RULE 3.152. SEVERANCE OF OFFENSES AND DEFENDANTS

(a) Severance of Offenses.

(1) In case 2 or more offenses are improperly charged in
a single indictment or information, the defendant shall have a right
to a severance of the charges on timely motion.

(2) In case 2 or more charges of related offenses are
joined in a single indictment or information, the court nevertheless
shall grant a severance of charges on motion of the state or of a
defendant:

(A) before trial on a showing that the severance is
appropriate to promote a fair determination of the defendant’s guilt
or innocence of each offense; or

(B) during trial, only with defendant’s consent, on
a showing that the severance is necessary to achieve a fair
determination of the defendant’s guilt or innocence of each offense.

(b) Severance of Defendants.

(1) On motion of the state or a defendant, the court
shall order a severance of defendants and separate trials:

(A) before trial, on a showing that the order is
necessary to protect a defendant’s right to a speedy trial, or is
appropriate to promote a fair determination of the guilt or
innocence of 1 or more defendants; or

(B) during trial, only with defendant’s consent and
on a showing that the order is necessary to achieve a fair
determination of the guilt or innocence of 1 or more defendants.

(2) If a defendant moves for a severance of defendants
on the ground that an oral or written statement of a codefendant
makes reference to him or her but is not admissible against him or
her, the court shall determine whether the state will offer evidence
of the statement at the trial. If the state intends to offer the
statement in evidence, the court shall order the state to submit its
evidence of the statement for consideration by the court and
counsel for defendants and if the court determines that the
statement is not admissible against the moving defendant, it shall
require the state to elect 1 of the following courses:

(A) a joint trial at which evidence of the statement
will not be admitted;

(B) a joint trial at which evidence of the statement
will be admitted after all references to the moving defendant have
been deleted, provided the court determines that admission of the
evidence with deletions will not prejudice the moving defendant; or

(C) severance of the moving defendant.

(3) In cases in which, at the close of the state’s case or
at the close of all of the evidence, the evidence is not sufficient to
support a finding that allegations on which the joinder of a
defendant is based have been proved, the court shall, on motion of
that defendant, grant a severance unless the court finds that
severance is unnecessary to achieve a fair determination of that
defendant’s guilt or innocence.

Committee Notes

1968 Adoption. This subdivision rewords and adds to federal
rule 14. It covers subject matter of section 918.02, Florida Statutes.
1972 Amendment. (a)(1) Severance on timely motion by
defendant is mandatory if multiple offenses are improperly joined.

(a)(2) Provides for severance of offenses before trial on showing
that severance will promote a fair determination of guilt or
innocence substantially as provided by former rule 3.190(j)(2) and,
unlike any Florida rule, distinguishes motion during trial.

(b)(1) Based on ABA Standard 2.3(b). Expands rule 3.190(j) to
include defendant’s right to speedy trial as ground for severance
and, unlike any Florida rule, distinguishes between motion before
and motion during trial.

(b)(2) Based on ABA Standard 2.3, subparagraphs (a) and (c).
Requires court to determine whether the statement will be offered
as distinguished from asking the state its intention. Requires
production of evidence of the statement in the event it will be
offered so that the court and counsel can intelligently deal with the
problem. Florida has no similar rule.

(b)(3) Substantially the same as ABA Standard, except that the
proposed rule requires severance unless the court affirmatively
finds that severance is unnecessary. Florida has no similar rule.