Florida Rule of Criminal Procedure 3.280
RULE 3.280. ALTERNATE JURORS
(a) Selection. The court may direct that jurors, in addition
to the regular panel, be called and impanelled to sit as alternate
jurors. Alternate jurors, in the order in which they are impanelled,
shall replace jurors who, prior to the time the jury retires to
consider its verdict, become unable or disqualified to perform their
duties. Alternate jurors shall be drawn in the same manner, have
the same qualifications, be subject to the same examination, take
the same oath, and have the same functions, powers, facilities, and
privileges as the principal jurors. Except as hereinafter provided
regarding capital cases, an alternate juror who does not replace a
principal juror shall be discharged at the same time the jury retires
to consider its verdict.
(b) Responsibilities. At the conclusion of the guilt or
innocence phase of the trial, each alternate juror will be excused
with instructions to remain in the courtroom. The jury will then
retire to consider its verdict, and each alternate will be excused with
appropriate instructions that the alternate juror may have to return
for an additional hearing should the defendant be convicted of a
capital offense.
Committee Notes
1968 Adoption. Save for certain rewording, the suggested rule
is a transcription of section 913.10(2), Florida Statutes, except that
the provisions for the challenging of the alternate jurors has been
included more appropriately in the rule relating to challenges.
1972 Amendment. Same as prior rule.
1977 Amendment. This rule clarifies any ambiguities as to
what should be done with alternate jurors at the conclusion of a
capital case and whether they should be available for the penalty
phase of the trial. The change specifies that they will not be
instructed as to any further participation until the other jurors who
are deliberating on guilt or innocence are out of the courtroom, in
order not to influence the deliberating jurors or in any way convey
that the trial judge feels that a capital conviction is imminent.
(a) Selection. The court may direct that jurors, in addition
to the regular panel, be called and impanelled to sit as alternate
jurors. Alternate jurors, in the order in which they are impanelled,
shall replace jurors who, prior to the time the jury retires to
consider its verdict, become unable or disqualified to perform their
duties. Alternate jurors shall be drawn in the same manner, have
the same qualifications, be subject to the same examination, take
the same oath, and have the same functions, powers, facilities, and
privileges as the principal jurors. Except as hereinafter provided
regarding capital cases, an alternate juror who does not replace a
principal juror shall be discharged at the same time the jury retires
to consider its verdict.
(b) Responsibilities. At the conclusion of the guilt or
innocence phase of the trial, each alternate juror will be excused
with instructions to remain in the courtroom. The jury will then
retire to consider its verdict, and each alternate will be excused with
appropriate instructions that the alternate juror may have to return
for an additional hearing should the defendant be convicted of a
capital offense.
Committee Notes
1968 Adoption. Save for certain rewording, the suggested rule
is a transcription of section 913.10(2), Florida Statutes, except that
the provisions for the challenging of the alternate jurors has been
included more appropriately in the rule relating to challenges.
1972 Amendment. Same as prior rule.
1977 Amendment. This rule clarifies any ambiguities as to
what should be done with alternate jurors at the conclusion of a
capital case and whether they should be available for the penalty
phase of the trial. The change specifies that they will not be
instructed as to any further participation until the other jurors who
are deliberating on guilt or innocence are out of the courtroom, in
order not to influence the deliberating jurors or in any way convey
that the trial judge feels that a capital conviction is imminent.