RULE 3.370. REGULATION AND SEPARATION OF JURORS

(a) During Trial. After the jurors have been sworn they shall
hear the case as a body and, within the discretion of the trial judge,
may be sequestered. In capital cases, absent a showing of prejudice,
the trial court may order that between the guilt and penalty phases
of the trial the jurors may separate for a definite time to be fixed by
the court and then reconvene before the beginning of the penalty
phase.

(b) After Submission of Cause. Unless the jurors have been
kept together during the trial the court may, after the final
submission of the cause, order that the jurors may separate for a
definite time to be fixed by the court and then reconvene in the
courtroom before retiring for consideration of their verdict.

(c) During Deliberations. Absent exceptional circumstances
of emergency, accident, or other special necessity or unless
sequestration is waived by the state and the defendant, in all
capital cases in which the death penalty is sought by the state, once
the jurors have retired for consideration of their verdict, they must
be sequestered until such time as they have reached a verdict or
have otherwise been discharged by the court. In all other cases, the
court, in its discretion, either on the motion of counsel or on the
court’s initiative, may order that the jurors be permitted to
separate. If jurors are allowed to separate, the trial judge shall give
appropriate cautionary instructions.

Committee Notes

1968 Adoption. (a) Taken from section 919.01, Florida
Statutes.

(b) Taken from section 919.02, Florida Statutes.

1972 Amendment. (a) and (b) substantially the same as
former rule 3.380, except that some language has been modernized.
New provision permits nonsequestered jury to separate after
receiving case for consideration.

Former rule 3.370 has been deleted as its substance is now
contained in new Rules 3.150 through 3.153 on Joinder and
Severance.