RULE 3.180. PRESENCE OF DEFENDANT

(a) Presence of Defendant. In all prosecutions for crime the
defendant must be present:

(1) at first appearance;

(2) when a plea is made, unless a written plea of not
guilty has been made in writing under the provisions of rule
3.170(a);

(3) at any pretrial conference, unless the defendant’s
presence is waived in writing or on the record by the defendant or
by the defendant’s counsel with the defendant’s consent;

(4) at the beginning of the trial during the examination,
challenging, impaneling, and swearing of the jury;

(5) at all proceedings before the court when the jury is
present;
(6) when evidence is addressed to the court out of the
presence of the jury for the purpose of laying the foundation for the
introduction of evidence before the jury;

(7) at any view by the jury;

(8) at the rendition of the verdict; and

(9) at the pronouncement of judgment and the
imposition of sentence.

(b) Presence; Definition. A defendant is present for
purposes of this rule if the defendant has a meaningful opportunity
to be heard through counsel on the issues being discussed and the
defendant:

(1) is physically in attendance for the courtroom
proceeding;

(2) waives physical attendance in writing or on the
record for a proceeding that requires the defendant’s presence
under subdivision (a)(2) or (a)(9), the court accepts the wavier, and
the defendant appears by audio-video communication technology;
or

(3) appears by audio-video communication technology
for a first appearance hearing under rule 3.130.

(c) Defendant Absenting Self.

(1) Trial. If the defendant is present at the beginning of
the trial and thereafter, during the progress of the trial or before the
verdict of the jury has been returned into court, voluntarily absents
himself or herself from the presence of the court without leave of
court, or is removed from the presence of the court because of his
or her disruptive conduct during the trial, the trial of the cause or
the return of the verdict of the jury in the case shall not thereby be
postponed or delayed, but the trial, the submission of the case to
the jury for verdict, and the return of the verdict thereon shall
proceed in all respects as though the defendant were present in
court at all times.

(2) Sentencing. If the defendant is present at the
beginning of the trial and thereafter absents himself or herself as
described in subdivision (1), or if the defendant enters a plea of
guilty or no contest and thereafter absents himself or herself from
sentencing, the sentencing may proceed in all respects as though
the defendant were present at all times.

(d) Defendant May Be Tried in Absentia for
Misdemeanors. Persons prosecuted for misdemeanors may, at their
own request, by leave of court, be excused from attendance at any
or all of the proceedings aforesaid.

(e) Presence of Corporation. A corporation may appear by
counsel at all times and for all purposes.

Committee Notes

1968 Adoption. (a) The suggested rule is in great part a
recopying of section 914.01, Florida Statutes:

In (3) the words “at the beginning of the trial” are
recommended for inclusion to avoid questions arising as to the
necessity for the defendant’s presence at times other than upon
trial, such as when the jury venire is ordered, etc.

Subdivision (a)(8) is not in the present statute. However, it is
deemed advisable to include it, as the several sections of chapter
921, Florida Statutes, particularly section 921.07, appear to
impliedly or expressly require the defendant’s presence at such
times.

(c) The statute and the suggested rule make no distinction
between capital and other cases. In all probability, however, were a
person on trial for a capital case to escape during trial, a mistrial
should be ordered if such person were not captured within a
reasonable time.
(d) It is suggested that this language be used rather than the
all-inclusive general language of the present statute as to
misdemeanor cases.

(e) This provision does not appear in section 914.01, Florida
Statutes, but it is a part of Federal Rule of Criminal Procedure 43. It
is deemed useful to include it.

1972 Amendment. Same as prior rule except (3) added to
conform to rule 3.220(k); other subdivisions renumbered.